How to Prove Negligence in a Premises Liability Claim
If you are injured on someone else’s property, you have the right to pursue justice by filing a premises liability lawsuit. Depending on the situation, the property owner, tenant, maintenance company, easement holder, landlord, or business owner may be responsible for your injuries. Our firm has represented hundreds of clients who have been injured from a hazardous condition on someone else’s property. We will listen to your concerns and diligently represent you as you seek to hold negligent individuals responsible.
Understanding the Reasonable Duty of Care
Property owners owe a duty of care to visitors. This involves maintaining their property and providing a reasonably safe environment for others. In some cases, a property owner will be too lazy to fix a hazardous condition, or will fail to provide adequate warnings to protect you from an injury. If this occurs, he or she will be held liable in court.
Hazardous conditions include slippery or wet floors, broken handrails, loose floorboards, uneven or torn carpeting, and cracked pavement. While visitors are expected to act with reasonable caution, this does not negate the fact that property owners must protect the well-being of their guests. This means, if you were injured at someone else’s house or while shopping at the grocery store, you have the right to file a premises liability lawsuit.
The 3 Main Elements of a Premises Liability Claim
In general, there are 3 main elements of a premises liability lawsuit. You will need to use evidence such as witness statements, photos of the hazardous condition, and medical records to support your claim in court. Whether you were a social guest or a business customer, you have the right to be warned about hazardous conditions that may cause an injury.
When filing a premises liability claim, you must prove 1 of 3 things:
- The property owner knew of the dangerous condition and failed to fix it
- The property owner should have reasonably known about the dangerous condition
- The property owner caused the dangerous condition in the first place
Property owners must either get rid of all hazardous conditions that may threaten the safety of visitors, or provide adequate warning signs to protect guests. If you have been injured on someone else’s property, our firm can discuss your options and conduct a thorough investigation. We will work diligently to show that the defendant owed you a duty of care, breached that duty of care, and directly caused your injuries.
Knowledgeable Premises Liability Attorneys in Miami
The Morgan Law Group, P.A. is passionate about holding negligent property owners liable in court. If you have been injured because of a property owner’s negligence, we will build your case and represent you from start to finish. Our Miami personal injury lawyers will use our 60+ years of experience on your behalf as you seek compensation for medical bills, lost wages, pain and suffering, and other damages.
Contact our office today for a free initial consultation.