Every day countless people in this country get injured due to the inadequate maintenance of a business establishment by a property owner. Many people may think that no one is at fault if they slip and fall at a business establishment. This couldn’t be further from the truth. If a person is on a property and they sustain an injury due to the improper maintenance of the owner, they could have the right to file a lawsuit to seek to be indemnified for their injuries and resulting pain and suffering.
Florida law requires that property owners are responsible for maintaining their premises in a reasonably safe condition and repairing any damage necessary to ensure that all visitors are safe on site. This duty can includes a duty to warn patrons of any known hidden dangers on the premises, and to fix the issues as quickly as reasonably possible.
Improper Maintenance Lawyer
Abrams Justice has experienced litigators that understand the nuances of premises liability law in Florida. Ivan and Isabel Abrams will ensure that property owners do not dictate when and if they will take responsibility for your injuries. Rather, Abrams Justice will aggressively fight on your behalf so that you are indemnified for your injuries, and Abrams Justice will undertake their own intensive investigation to combat the often bias and haphazard investigation conducted by the responsible business establishment.
If you or someone you know has been injured due to improper maintenance and/or a failure to warn of a hidden danger, and you live in Miami-Dade county including Miami Lakes, Sunny Isles, North Miami Beach, Homestead, Doral, contact Abrams Justice Trial Attorneys at (305) 709-0880 or fill out an online form for a free consultation.
Improper Maintenance Information Center
Proving Liability in Florida
Proving liability for an injury can be complicated unless a person has an experienced lawyer who knows how to handle these types of lawsuits. Some of the most common cases that involve improper maintenance can include:
- Cluttered isles or hallways
- Overgrown and improperly maintained trees
- Uneven floors
- Broken steps/stairs
- Cracks in sidewalk
Property owners have a duty of care towards visitors who enter their property to properly maintain their premises in a reasonably safe condition free of defects. Simply put, if the lack of adequate maintenance on the property causes an injury than a property owner should be held responsible.
The most important part of a lawsuit against a property owner for improper maintenance is to prove that they were negligent in their duties to maintain the property. Negligence in Florida requires that you show:
- The property owner owed the injury party a duty of care
- The property owner breached their duty of care
- The breach caused damages
- The specific damages suffered by individual due to the property owner’s breach of care.
Damages a Person May Recover
If a person is injured on a property due to the owner’s negligence, a lawsuit to recover damages may be warranted. Below is a list of the types of damages that can be pursued in a negligent maintenance action:
- Compensation for lost wages- A person can sue for lost wages due to an injury caused by improper maintenance of a property.
- Loss in earning capacity- A person can sue if their ability to maintain a job or secure a job in the future is affected by an injury
- Pain and suffering- A person can recover damages for pain and suffering and mental anguish caused by a preventable accident.
- Current and Future medical bills- A person can recover medical bills related to an injury due to the improper maintenance of a property.
Miami-Dade County Resources Improper Maintenance
Florida Statutes– This link provides resources for anyone who wants to see the statues that govern businesses in Florida. There is information on what rights property owners have and what services they must provide to ensure that their properties are as safe as possible. You can also find recent changes to laws and their implementation dates on this website.
Injury Prevention and Control- This website provides statistics on injuries obtained on public property for both fatal and nonfatal injuries. This link also provides information on how much an injury can cost you through medical and work loss costs.
Abrams Justice Trial Attorneys | Miami-Dade County Improper Maintenance
Unfortunately, hundreds of unsuspecting customers are injured while shopping in a business establishment due to a dangerous condition that could have and should have been avoided by the business owner. Customer safety should always be a company’s top priority, but experience dictates that this often times is not the case. Don’t allow property owners to make you feel like you have no legal options to recover costs for your mental and physical injuries due to their negligence – contact an experienced litigator and learn your rights.
If you live in Miami-Dade County including, Miami, Kendall, Key Biscayne, Pinecrest, Coral Gables, Aventura and any other area contact Abrams Justice Trial Attorneys at (305) 709-0880 to get experienced lawyers to take care of you during a time of need.