By: Tom Carey
Premises liability accidents involve injuries caused while on the property of another person due to the negligence of the owner or property manager.
Property owners and managers have the duty to protect people who are lawfully on their property. If a person is injured while on the property, the owner or property manager may be held liable. In some cases, a contractor or sub-contractor may also be liable (if the injury was due to their negligence). Premises liability occurs in a variety of locations including apartments, homes, office buildings, shopping malls, supermarkets, hospitals, parking structures, parking lots and schools.
There are many dangerous conditions that cause serious and permanent injuries such as ceiling collapse, poor lighting, uneven or broken pavement, tree roots, lack of stairwell railing, unkept foliage, slippery floors and unmarked changes in elevation. These are just a few examples of hazardous and dangerous conditions that frequently cause injuries. The property owner or property manager has a duty to protect people on the property and if they fail to do so, they may be responsible for injuries.
Unfortunately, premises liability accidents are difficult to prove and oftentimes the insurance companies will deny these claims altogether. They will instead blame the customer for “not watching where they were walking.” They may destroy critical evidence that will prove your case against them, such as surveillance video that captured your fall. At Carey Leisure & Neal, we immediately put the at-fault person on formal notice and request that they do not destroy any evidence. If they do not preserve the evidence, you may have recourse under Florida’s “spoliation of evidence” laws.
We collect the evidence to establish that the property owner or property manager knew that the hazardous or dangerous condition existed and the failed to take reasonable measures to prevent an injury, including failing to warn costumers of the danger. We obtain photographs of the scene whenever possible, look at inspection records, maintenance records, preserve and obtain video of the incident and consult with experts who may be able to help us build a stronger case on your behalf.
Oftentimes, the property owners, property manager, contractors, or sub-contractors will blame you, the customer, for your injuries, leaving you no choice but to file a lawsuit. If you sustain injuries as a result of a premises liability accident because the property owner did not warn you of a hazardous condition, we will work hard to recover compensation for medical expenses, lost wages, mental anguish, injuries, scarring, and pain and suffering.
At Carey Leisure & Neal, Thomas Carey, Jodi Leisure and Katherine Neal are Board Certified in Civil Trial Law. At Carey Leisure & Neal we have handled thousands of cases. You’re not just a client, you’re family.
Call us now and receive a free no-obligation consultation and case evaluation. Our lawyers give clients their cell phone numbers and email addresses and can be reached 24/7. If you cannot come to our office, our lawyers will come to you. We pride ourselves on excellent communication, service and results. Contact us at (800) 927-0400 for a free no-obligation consultation and case evaluation.