Premises Liability: How to Establish Liability
Who is responsible for your injuries?
If you were injured on someone else’s property, it may be difficult for you to establish liability. Various factors are considered when establishing the responsible party including state laws and procedures. Under Florida law, the negligent party or parties are required to pay compensation for the injuries that occur on their property. Compensation recovered in a premises liability case can be used to make up for lost wages, medical bills, and pain and suffering. It is difficult to establish liability without the assistance of an experienced Miami personal injury lawyer.
At the Law Office of Maria L. Rubio, our premises liability attorney has more than 25 years of experience and has successfully resolved a plethora of premises liability cases. Ensure you obtain the help you deserve by contacting our firm now!
Holding Businesses, the Government, and Your Landlord Responsible for Your Injuries
Businesses are required to maintain their property so customers remain safe at all times. If any potential hazards arise, they must deal with the hazard within a timely manner, or they can be held liable for any injuries that occur related to said hazards.
Business owners can be held liable for injuries that occur in the following areas:
- Malls
- Restaurants
- Bars
- Sports Arenas
- Hotels
- Private Schools
- Parking Lots
- Stores
- Office Buildings
- Entertainment Complexes
If you are injured on federal, state, or local government property, you may be able to hold them responsible for your injuries.
Said property can include:
- Public Transportation
- Sidewalks
- Roadways
- Public Parks and Schools
- Public Transportation
- Municipal Buildings
For those injured in their apartment building or commercial building, your facility’s landlord may be responsible for paying your damages. Regardless of whether you were injured due to a broken stairway or exposed wiring, it is their job to ensure said hazards do not exist or are safely blocked off while they are being repaired.
However, simply saying the company or individual was aware of the hazard that caused your injuries is not going to hold up in court. You must be able to prove the company or individual had knowledge of the dangerous condition and failed to fix it or warn visitors about said hazard.
This can be established via your lawyer obtaining the following:
- Security camera footage
- Eyewitness reports
- Employee reports
Are you a trespasser, invitee, or licensee?
It is also vital to determine the role of the individual injured on a company or person’s property. Invitees are individuals who are on the property conducting business transactions, while licensees are people who are given permission to enter the facility or property. Individuals who are trespassing on another company or person’s property and sustain injuries cannot usually hold said person or company liable for their injuries.
What happens when both parties are liable?
A visitor has a duty to exercise reasonable care in regards to their own safety. When they do not take the appropriate care, the amount of compensation they can recover may be limited. Most states have the “comparative fault” system, which means an injured person’s damages can be reduced by a percentage equivalent to their fault for the accident. For example, if the court found you 50% liable for your accident, you will only receive half the total monetary compensation you are entitled to receive.
Retain a Miami Premises Liability Attorney Today
Do not attempt to prove liability on your own—it is extremely challenging and your case may not be approved by a judge if you do not have substantial proof regarding liability. Please contact the Miami personal injury lawyer at the Law Office of Maria L. Rubio today for unparalleled, professional legal assistance and representation! We look forward to helping you move past this difficult time and start a fresh, worry-free life.
