Premisis Liability
Who can be held responsible in a premises liability case?
When you enter another person's or business' property, you have the right to expect that the property owner has maintained the property in a reasonably safe condition, especially when you enter the property to make some kind of purchase. This is a well-established legal duty that property owners owe to those who enter their property. The legal duty to safely maintain property applies to almost all property owners, including store owners, homeowners, those who maintain commercial properties and businesses, and even owners of vacant land in some cases.
Kobren Law handles a full range of premises liability matters in Florida. With extensive experience in this area, injury attorney Matthew Kobren can maximize the settlement you receive in cases arising from the following:
Wet floors — A spill on a supermarket floor or a dropped drink in a restaurant can cause a severe accident if not cleaned up promptly.
Loose handrails — In offices, stores, playgrounds, and other locations, handrails are meant to protect individuals, but a handrail that is loose or broken can invite falls on stairs and from high vantage points.
Poor maintenance — Objects that are left on the ground, unseen hazards, inadequate lighting, stray electrical cords and wires, and other examples of inadequate maintenance can lead to serious medical conditions. If you have suffered any such injury, we take action against property owners and potential defendants who were charged with maintaining the property.
Dangerous surfaces — Cracked pavement, damaged floors, and other dangerous surfaces could create a severe hazard to an unfamiliar pedestrian.
Is a slip and fall accident a premises liability case?
Slip and fall negligence is a type of premises liability negligence. If you are injured in a slip and fall, the person who owns the property is liable for the harm you suffered if their negligence caused the slip and fall. If they could have prevented your slip and fall accident by taking reasonably good care of their property, they could be liable for the injuries you suffered.
Property owners have a standard of responsibility for their property. One of those standards requires property owners to keep their properties clear of any unsafe conditions that could present the potential for injury. If a property owner is aware that a dangerous condition exists, it is their responsibility to either clean up or fix the condition. In the case that a property owner has a condition, such as a pothole or structural defect on their property that has just occurred and cannot be immediately repaired, the property owner must warn visitors clearly and visibly mark off the area so that visitors will see the warning and know not to access the area.
Can I sue for a slip and fall that was partially my fault?
A common mistake people assume is that their fall was their fault. That's generally not the case. Business owners, homeowners, and landlords have a responsibility to maintain property conditions at all times. If you are partially at fault for a slip and fall in Florida, your financial compensation is reduced by your exact share of blame, provided you are 50% or less responsible. For example, let's say your damages for a slip and fall accident at a grocery store are $100,000 and you were 20% at fault, then you would receive $80,000.
Our experienced premises liability lawyer has the skills and experience necessary to successfully represent clients in all types of premises liability cases. Kobren Law has extensive experience handling slip and fall premises liability claims. We understand Florida law and the tactics that insurance companies use to try and delay, deny, or underpay valid claims.
Our slip and fall accident attorney offers a free consultation to discuss your fall case. This allows you to understand your rights without any financial commitment. We charge a contingency fee, which means we only get paid when our clients receive compensation. Our skilled accident lawyer knows how to handle negotiations with insurance adjusters to pursue a fair settlement. Kobren Law can accurately value your claim, including both economic and non-economic damages, to fight for the compensation you deserve.
What role does the trucking company play?
The trucking company can be held responsible for failures like improper vehicle maintenance, inadequate driver vetting/training, and overworked schedules violating hours of service rules. A trucking company can be held accountable for unsafe hiring practices, inadequate training, or poor supervision. Maintenance providers can be responsible when negligent repairs create danger. Loaders can be responsible when cargo securement is improper. Brokers and contractors can be liable if they control routing or scheduling decisions. Where defective vehicle components play a causal role in the accident, the manufacturer can be held partially responsible.