Accidents Caused by Defective, Dangerous Property: Who Can Be Held Responsible?
March 15, 2016 | Category: Personal Injury | ShareIn Florida, property owners (as well as various other parties) can be held legally liable for injuries if the property was in a defective or dangerous condition at the time of the incident. Randall Spivey, a Ft. Myers personal injury attorney, has extensive experience in helping harmed individuals obtain the just compensation they deserve for their damages. He and his team are prepared to fight for your rights and hold the appropriate party or parties responsible.
A Closer Look at Defective and Dangerous Property
So, what can make a property dangerous or defective? Practically any hazard can lead to serious injuries. That said, business owners, private residence owners, as well as public property owners are expected and required to properly maintain the property to avoid the occurrence of injuries to those who are lawfully on the premises. Examples of dangerous and/or defective property include broken or loose handrails on stairs (or the stairs themselves), poorly or improperly constructed stairways, uneven pavement or floors and poor fencing around pools, to name a few.
It only takes a few seconds to sustain an injury; however, depending on its severity, the impact from an injury can be long-lasting.
Who Can Be Held Responsible for Injuries?
Individuals who have sustained injuries while on defective or dangerous property have a right to seek damages from those responsible for the injuries. That said, the injured individual could pursue a personal injury claim in order to hold a property owner and/or other parties responsible for the condition of the property.
Under Florida law, all property owners are required to maintain their property so that it is reasonably safe. Ultimately, they have a responsibility to repair or warn individuals of dangerous and/or defective conditions. When pursuing a claim, you, as the injured party, will be required to demonstrate that the property owner owed you a duty of care and he or she breached that duty such that it caused the injuries you sustained.
Proving your claim can be difficult if you try to handle it on your own, but with the right personal injury attorney by your side, you will have a better chance of getting the just compensation you deserve.
Again, there may be more than one party responsible for your injuries. For instance, in cases involving a private residence that is being leased, the owner of the property, as well as the person leasing the property may be legally responsible, depending on the location of the danger or defect. Also, in cases involving businesses that lease property, the business owner may be deemed responsible for harm caused by clutter in the location; however, the property owner may not be held liable.
When a person sustains injuries on someone’s property, he or she may be entitled to compensation that can be used to cover the injured party’s medical costs, lost income, loss of earning capacity and much more. Additionally, if someone dies from their injuries, that individual’s family members may be entitled to file a wrongful death claim.
It is important for injured parties to remember that time is of the essence in personal injury cases. Call the Spivey Law Firm, Personal Injury Attorneys, P.A. for help with your case today.