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Orlando Premises Liability Attorney
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Orlando Premises Liability and Slip and Fall Lawyers
Slip and falls and other types of premises liability injuries can happen virtually anywhere and at any time. You could be walking through a parking lot and step in a pothole, trip on a broken stair in your apartment’s common areas, slip in a spill in the grocery store or suffer one of a thousand other hypothetical accidents virtually any time you leave your home.
Property owners are responsible for your safety when you’re on their property, and many fail to uphold their duty. If you’re injured on someone else’s property, consulting with an experienced slip and fall lawyer may be in your best interest. The team at Kanner & Pintaluga is ready to advocate for you.
What a Plaintiff Must Prove in Order to File a Successful Premises Liability Claim
- Duty of Care: It must be established that the property owner had a duty to ensure the safety of visitors or warn them about potential hazards.
- Breach of Duty: The property owner was negligent in upholding their duty. This could be failing to maintain the property, repair damages or adequately warn visitors of hazards.
- Causation: The plaintiff's injury was a direct result of the property owner's negligence.
- Damages: The plaintiff suffered actual harm, be it physical injury, emotional distress or financial losses.
While that may sound straightforward, there are some unique differences between premises liability claims and other types of personal injury cases, like car accidents. Property owners have some highly effective defensive options against certain types of slip and fall claims. Our skilled Orlando slip and fall attorneys will work hard to strengthen your claim and reduce the chance of the property owner avoiding responsibility.
Defenses in Slip and Fall Cases
Although property owners do have a duty of care, they may be able to escape liability if they prove that they were not aware of the hazard and could not have been aware of it prior to your injury. This is especially effective for hazards that were temporary, unanticipated and hard to notice. Essentially, the property owner needs to have known about the danger – or at least should have known about it – and also have had time to fix it.
Defendants and insurance companies can also use the injured person’s own behavior against them, especially in the case of “open and obvious hazards.” For example, if a person trips over boxes in the aisle of a retail store because they were looking at their phone rather than where they were walking, the property owner may try to argue the obstruction wasn’t hidden and other people who were paying attention managed to avoid it.
Countering these defenses often takes investigation and evidence, which your personal injury attorney can help you develop.
Common Types of Hazards That Cause Injuries on Properties
Various hazards can pose risks to visitors, whether in a commercial setting like a shopping mall or in a private residence. Slippery floors, poorly lit stairwells or faulty electrical wiring can all lead to unfortunate accidents. Furthermore, cracked pavements, unsecured carpets or even aggressive pets can result in injuries.
In some instances, these hazards might seem benign but can prove to be severely detrimental, especially if they catch individuals off-guard. In essence, any condition that isn’t anticipated by a visitor and leads to their harm can be deemed a hazard in the context of premises liability.
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Evidence That Can Help Prove Your Case:
- Photos and Videos: Clear pictures and videos of the hazard that caused the injury can be invaluable.
- Witness Testimony: Statements from individuals who witnessed the incident or are familiar with the hazardous condition can bolster your version of events.
- Accident Reports: If the incident occurred in a commercial space, it is extremely important to file some kind of accident or incident report. This prevents the owner from disputing your presence on the property at the date and time you claim the accident occurred.
- Medical Records: It will be necessary for a doctor to document the severity and nature of the injuries sustained as well as detail the short-term and long-term treatment and recovery costs.
- Previous Complaints: Any prior complaints about the same hazard can indicate the property owner's knowledge of the hazard and negligence in repair or maintenance practices.
The Importance of Timely Investigations
When an accident occurs, the immediate focus is, understandably, on medical attention and recovery. However, the importance of a swift investigation in a premises liability case can’t be overstated. Over time, conditions of a site can change, damage can be repaired, evidence might get lost and the memories of witnesses can become foggy. Initiating an investigation promptly ensures:
- Preservation of Evidence: If you can, take pictures of video footage of the hazard that caused your injury. If you’re unable to do so, see if someone you’re with or a witness can help with documenting the cause.
- Witness Recollection: Witnesses' accounts are fresher and likely more accurate soon after the incident. The sooner your slip and fall lawyer can interview them and get their statements, the better it will likely be for your family.
- Validity of Claim: A timely investigation can deter defendants from alleging that the injury was exaggerated or didn't occur as claimed.
Get Help with Your Premises Liability Claim in Orlando
In the domain of premises liability, the onus is often on the injured party to prove negligence. Hence, understanding the nuances of what constitutes a valid claim, being aware of typical hazards, collecting robust evidence and ensuring timely investigations are critical elements that can significantly influence the outcome of a lawsuit.
The Orlando slip and fall lawyers at Kanner & Pintaluga are here to advocate for you. We’ll thoroughly investigate the situation and aggressively negotiate with the property owner’s insurance company to obtain fair recovery that covers your medical expenses, lost wages and pain and suffering. Call us at 800.586.5555 for a free, no-obligation case evaluation.
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Orlando Location
Orlando
1000 Legion Place, Suite 100
Orlando, FL 32801
(800) 586-5555
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Don’t Face the Insurance Company on Your Own
Navigating a premises liability claim in Orlando can be daunting, but you don't have to do it alone. If you've been injured on someone else's property due to unsafe conditions or hazards, our experienced Florida premises liability attorneys are ready to help. We’ll fight for the justice and compensation you’re owed.
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