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Premises Liability Personal Injury Lawyer Insight
- I fell at a Publix.
- I tripped and fell at a Walgreens.
- I suffered an accident at a CVS.
- A shelf fell on me at Wholefoods.
- A display case tumbled on top of me.
- Cracks in the parking lot surface caused me to fall.
- I hurt my shoulder when I slipped on a wet floor at Walmart.
- Poorly stacked goods led to a head injury at a target.
- A supermarket shopping cart scratched my car.
- I was robbed in a shop.
- A broken restaurant chair led to a broken hip.
The above mentioned premises liability related accidents and injuries are common situations in Miami that the Perazzo Law handles for its Miami-Dade and Broward County clients when seeking compensation for injuries and losses stemming accidents at shops, restaurants, and businesses operating in Florida.
If you have been injured somewhere you believed was safe, like a hotel, restaurant, bar, or shopping mall, then you may be eligible for an insurance claim for compensation to cover your injuries and losses.
If your car was scratched by a shopping cart rolling astray across the supermarket parking lot, or if your neighbor's tree fell on the roof of your house during a storm, you may have a case for compensation through a Premises Liability Claim.
WHAT IS PREMISES LIABILITY?
Jonathan Perazzo, personal injury lawyer and founder of the Perazzo Law Firm, describes Premises Liability as the duty of a public or private establishment or business operator to make sure their premises present no danger to visitors and or cause any personal injury to individuals. However, in order to do so, fault on behalf of the business operator must be determined. A Premises Liability lawyer must gather information to verify whether there was third party negligence, and that the proprietor, manager, or operator of an establishment was aware of the potential dangers at the time of the accident that led to the client's personal injury or property damage. In other words, if you are somewhere at sometime in Miami, it is the property owner's duty to make sure you, a family member, or loved one is not in danger or at risk of falling victim to personal injury due to the proprietor's negligence. This however, may depend on a number of factors which must be determined by one of our professional Miami personal injury lawyers serving Premises Liability claims. The situation and extent of injuries play a big part in determining liability for compensation claims for premises liability, which may include Slip, Trip, and Fall accidents. There are three principle factors which determine the status for a premises liability claim in Miami.Who are you when you are somewhere in Miami?
Whenever someone walks into a Miami shop, restaurant, hotel, bar, theater, or someone's apartment, they are either:
An Invitee- 1.(Public) An individual who enters a public establishment to conduct some sort of business purpose (or not) that may involve the purchase of goods or services. This may be a shopping mall, grocery store, bank, hotel, restaurant, etc.. Invitee- 2.(Business) An individual that enters an establishment to carry out a specific business transaction. An invitee must however, be careful and stay alert to any evident and existing potential dangers on the premises. For example, if there is a large ditch down a supermarket aisle and there are warning signs, a person that falls down the ditch, may not be able to claim for premises liability. There must be undisputed proof of negligence on behalf of the property owner, manager, or operator for a legitimate Premises liability claim on behalf of the invitee.
A Licensee- An individual that is on another individual's property even though the property is not intended to welcome the general public. The proprietor in this case, has granted another individual permission to enter his/her premises and is liable for any injuries sustained by the licensee.
A Trespasser- An individual that enters another individuals private or public property without the consent of the proprietor, manager, or operator of said private or public establishment, cannot file a Premises Liability claim in the event of suffering personal injury, property damage or loss on the property in question. In other words, trespasser are on their own when it comes to entering another persons property unlawfully. Thus, the property owner may not be held liable and has no duty to provide hazard-free conditions for trespassers. However, there are cases when trespassers can hold property owners liable for personal injury compensation in the event of an accident. There are two types of trespassers; discovered and undiscovered. Special laws apply to each and it is the duty of a professional personal injury lawyer to provide trespassers with the different scenarios to consider in a premises liability claim following an accident.
First and foremost, injured parties should consult our professional Miami personal injury law firm to conduct a quick and detailed investigation of the claims which should include:
- A quick and detailed inspection of the accident scene by qualified engineers or safety specialists.
- Promptly get eyewitness testimony to serve as proof when litigation begins.
- Promptly gather photographs or video footage of the accident scene and any dangerous surroundings.
In order for Premises Liability claims to be valid and worthy of compensation for injury, property damage or loss, there must be proof that the property owner was aware of his/her negligence in making sure the premises were hazard-free to individuals that enter or spend time on the said premises.
If you, a family member, or loved one has suffered personal injury while frequenting a public or private establishment, the Premises Liability attorneys at the Perazzo Law Firm urge you to set up a FREE initial consultation. Contact our North Miami Beach and Miami offices Online or call (786) LAWS-411.
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