Premises Liability Insight
Have you been injured somewhere you believed it was safe to be, like a Miami hotel, restaurant, bar, or shopping mall? Was your car scratched by a shopping cart rolling astray across the supermarket parking lot? Did your neighbors tree fall on the roof of your house during a storm? If so, you may have a case for compensation through a Premises Liability Claim, which is the duty of a public or private establishment to make sure their premises present and cause personal injury to another individual. However, in order to do so, our Miami Premises Liability staff must determine whether there was third party negligence and if so, gather the needed evidence with which to prove that the proprietor, manager, or operator of an establishment was aware of the potential danger at the time of the accident that led to our 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 exactly 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 a/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.
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.
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.Perazzo Law Provides Best Advice Following Premises Liability Related Injuries in Miami
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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