Premises liability is the liability given to a landowner for certain accidents (torts) that occur on the property. This can range from injuries caused by a variety of hazardous conditions, including open excavations, oily or slippery surfaces, uneven pavement, standing water, crumbling curbs, wet floors, uncleared debris, icy walks, falling objects, inadequate security, insufficient lighting, concealed holes, improperly secured mats, or defects in chairs or benches.
Many injuries happen at the large shopping malls, strip malls or shopping centers, these injuries referred to as slip and falls and back and neck injuries account for thousands of personal injury claims each year in the U.S. Shopping injuries, however, are more common than one would think and sometimes involve a store owner’s failure to keep their premises safe.
Individuals who are injured on commercial property, such as stores or shopping malls, may generally file personal injury claims under a state’s negligence laws. Under premises liability laws, store owners must exercise reasonable care to see that a store’s premises are reasonably safe from hidden dangers or hazardous conditions they have reason to believe may cause injury. For example, stores must clean up spills quickly, remove fallen objects, fix broken stairs or railings, replace dimmed light bulbs, and provide adequate security for customers.
To prove a store was legally responsible for a shoppers injuries, he or she must establish 1) the store owner knew (or should have known) about a dangerous condition on their property, 2) the store owner did not regularly inspect the store for dangers, or provided inadequate maintenance, 3) that the shopper would not have been injured if there was not a dangerous condition on the property, 4) there was a relation between the dangerous condition and the shopper’s injury, and 5) that the shopper suffered actual “damages” as a result of it.
If you have been injured in a public or private place, you should do the following:
•1. Seek medical attention immediately, if its an emergency call 911.
•2. If you are at a store or public place, ask that a manager file a report to document the incident.
•3. Document what you were wearing, take pictures if possible, get the names and contact information for any witnesses that saw the incident.
•4. Take pictures of your injuries.
•5. Take pictures of the location where you were injured if possible or of what caused your injury.
•6. Make sure to get copies or request copies of all of the medical reports, make sure to get the names of any Dr’s who treated you.
Call our office immediately and set up an appointment to meet with us to discuss your legal rights.
Contact Our Coral Gables Professional Attorneys
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