Injured on Someone Else’s Property

When you are visiting someone else’s property, you assume being in a safe environment. If you are subsequently injured on that property, you have a right to pursue legal action to be compensated for any losses you may have suffered due to your injuries. As with any personal injury case, it is best to seek out the advice of an experienced attorney as soon as possible.

Premises liability laws stipulate that homeowners (and commercial property owners) have a duty of care to individuals who come onto their property. To ensure this duty of care for safety, owners must consistently be aware of any potential hazards on the property, repair those hazards, and provide adequate warning to visitors of any possible danger they may encounter.

When a personal injury lawyer takes on a premises liability case, they examine whether the necessary legal steps were followed in order to maintain the property and guarantee the safety of visitors. They also attempt to determine how long the potentially dangerous hazard existed and whether a reasonable individual would have been aware of the possible issue. It will also be essential to ascertain how long the owners knew about a potentially dangerous situation without making any effort to resolve it. If they had only been informed of the problem the day before, there might be less liability than putting off an issue for three months.

Common Premises Law Claims

• Most premises liability cases revolve around slip-and-fall and trip-and-fall injuries. Often, these injuries are caused by wet floors or concrete, uneven or broken pavement or driveway surfaces, loose flooring, or inadequate lighting.
• In South Florida, drowning and near-drowning injuries are also common on those properties with swimming pools. Swimming pools can also lead to diving board injuries, broken bones,  head and spine injuries, or lacerations that require stitches.
• Dog bite injuries represent nearly one-third of homeowner property claims. Individuals who keep dogs on their property have a legal responsibility to keep guests and visitors safe from any type of bite or attack. This requires an adequate warning that the animal could potentially be dangerous or has an aggressive or unpredictable disposition. The property owner’s responsibility is to provide restraint and protection to prevent attacks. (i.e., a fence, leash, or kennel)

Injured on Someone Else’s Property?

If you are injured on someone else’s property, you should take some standard steps to ensure the outcome of your personal injury case is what you expect.

• If you are injured, obtain medical attention immediately. Having yourself checked out will establish that an injury took place and document your injury with a medical record, which will be vital to your claim.
• Further document your injury by taking photos of your injuries. You should also take comprehensive pictures of the accident scene, pinpointing any areas that led to your injuries – such as the broken sidewalk or unlit hallway. This tangible evidence of your injury and the property conditions may be essential if your claim becomes a legal proceeding.
• Assemble the names of any witnesses who may have seen you injure yourself. Write down their contact information if you need them to provide any information regarding the veracity of your claim.
• Do not sign an incident report (or any other documents that could be used against your claim) until you have discussed your claim with an attorney.

You have the legal right to be compensated for medical bills and lost wages. If you’ve been injured on someone else’s property in Sarasota, Tampa, or Orlando, don’t wait. Contact one of Probinsky & Cole’s personal injury attorneys today.