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Fort Lauderdale Premises Liability Attorney

The term “premises liability” refers to a property’s owner’s legal obligation to maintain and care for their property. If someone is injured as the result of a defective or unsafe condition on another person’s property, the owner may be legally liable for their injuries under a legal concept known as negligence.

To understand this concept, consider an example: a person is driving down the road and texting, and runs into a parked vehicle. Here, it’s easy to see that the texting driver is at fault for the car accident, as they were breaking a traffic law at the time. Just as drivers are expected to adhere to traffic laws, property owners are required by law to reasonably maintain their properties for those who use it.

In order to successfully win a premises liability case, the injured person must prove that the owner of a property was negligent in its maintenance, and it directly resulted in injury.

Types of Premises Liability Cases in Fort Lauderdale

Premises liability is a broad term that applies to many types of legal liability. Here are some of the most common kinds of premises liability cases:

  • Swimming pool injuries or drowning
  • Injuries involving snow and ice
  • Slip and fall injuries
  • Fires
  • Dog Bites
  • Toxic chemical injuries, such as lead-based paint in a rental property
  • Injuries at amusement parks
  • Elevator injuries
  • Incidents from inadequate security

Of these, slip and fall accidents are the most common, so much so that there is a branch of premises liability called “slip and fall liability.”

Steps in a Premises Liability Case

In order to prove that someone was negligent in the ownership or maintenance of his or her property, you must provide sufficient evidence for the following:

  • That the owner knew, or should have known, that the unsafe or defective condition existed.
  • That the owner did not take steps to remedy the unsafe or defective condition (committed negligence).
  • The owner’s negligence led directly to your injuries.
  • You incurred specific damages as a result (i.e., medical bills, lost wages, etc.).

When Negligence Does Not Apply

In certain situations, a property owner cannot be liable for your injuries, even if there was an unsafe or defective condition present. These exceptions include:

  • Trespassing. Premises liability rules require that you had a legal right to be where you were injured.
  • Committing a crime. If you were in the process of committing a crime when you were injured, the property’s owner cannot be legally responsible for your injuries.
  • Being reasonably careful. There may be an unsafe condition on an owner’s property, but they may have also been reasonably careful about preventing accidents. For example, if you slipped and fell in the middle of a snowstorm, the property owner might not be negligent, especially if he or she was occasionally throwing down salt.

Premises liability cases involve a number of complex moving parts. No two cases are ever the same, but most follow the same basic procedures as outlined above.

Your Fort Lauderdale Premises Liability Attorneys

Premises liability cases require an in-depth knowledge of both local and state laws. The attorneys at the Law Offices of David I. Fuchs have been practicing in Fort Lauderdale for over 30 years. Let us take this experience and put it to work on your case.

If you’ve been injured on someone else’s property, an insurance company may approach you with an unacceptably low offer. Having a legal advocate by your side can help ensure your settlement is fair. If we believe a settlement is unfair, we won’t hesitate to go to trial.

At the Law Offices of David I. Fuchs, we don’t believe that you should have to pay the price for someone else’s mistakes. Your personal injury claim begins with a free initial consultation. Contact us and let us provide a risk-free review of your legal options.

Types of Cases We Handle