Understanding Premises Liability When You Have Been Hurt due to a Fall

Friday, December 28, 2018

 Understanding Premises Liability When You Have Been Hurt due to a Fall

A person can experience a fall practically anywhere. Some falls will result in immediate and severe medical injuries while others which initially seem minor can have significant implications later on. When someone falls due to an unsafe condition in an environment which was supposed to be safe for them, the property owner may be liable for his or her injuries. Here is what you need to know about premises liability when you have been hurt due to a fall in Florida.

Premises Liability

The doctrine of premises liability requires that when a party owns property that they must keep it safe for those who may come to the location or warn them about hazardous conditions. When an individual suffers a fall on someone else's property, they may be able to hold the owner legally responsible under a claim that they did not keep the environment safe.

Establishing Premises Liability in a Fall Case

Premises liability in a fall case usually requires that the party who fell demonstrate that the property owner had a responsibility to make the location safe for them; the fall took place on a part of the property the owner responsible for keeping safe; the owner knew or should have known about the dangerous condition which caused the fall; the owner did not repair or put others on notice of the condition; and the injured party fell because of the hazardous condition.

In practicality, a valid premises liability claim after a fall could be something like a person falling while walking through a poorly lit grocery store parking lot where there is construction debris or damaged pavement. The grocery store has a duty to keep the property safe for its customers. If the customer fell on a part of the property the store was responsible for maintaining due to a hazard which the store knew or should have known about and did not repair or put their customer on notice of, the store may be liable for the customer's injuries.

Premises Liability Can Occur in Different Environments

In some cases, a person who has been injured due to a fall may believe they can only seek damages from a private business owner. While premises liability can occur on private business property, it also extends to apartment buildings, other people's homes, public sidewalks, and parks, as well as numerous other locations where a person may fall and be injured.

Contact a Personal Injury Attorney

Someone who has been injured due to a fall on someone else's property needs to take action to treat their injuries and have their case evaluated by an experienced personal injury attorney. At the Draper Firm, we have knowledgeable and experienced personal injury attorneys who understand the issues which arise when a person is injured due to a fall on someone else’s property. We are here for you and can help. Contact us today to schedule a free consultation.

The Draper Firm


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