Articles Posted in Premise Liability

Slip and fall accidents are a ubiquitous part of childhood, but when was the last time you suffered an accidental fall as an adult? People tend to think that anyone between the ages of 13 and 65 who gets injured in an accidental fall must be unusually careless or unlucky. In the silent film era, Buster Keaton made a career of the unexpectedness of seeing adults fall down.  

When an apparently healthy adult suffers an accidental fall at a place of business, the cynical voices of the blogosphere and the social media platform formerly known as Twitter will start to speculate that the person is faking it and is just trying to cash in on a premises liability claim. Consider Slippin’ Jimmy from Better Call Saul.  

Unfortunately, businesses, which are legally responsible for preventable accidental injuries that occur on their premises, are all too willing to capitalize on the lack of public sympathy for victims of accidental falls and to use this to bully you into accepting a premises liability settlement that does not cover the full cost of your accident-related medical bills. For help getting a sufficient settlement amount for your premises liability claim, contact a Miami premises liability lawyer.

A slip and fall accident could affect any part of the body, whether the injury comes from striking a hard surface, attempting to break the fall, or trying to mitigate harm. Because of the role the spine plays in terms of providing stability, mobility, and flexibility, a victim will often suffer injuries to the spinal cord. The National Spinal Cord Injury Statistical Center (NSCISC) reports that falls rank second for causing trauma to the spinal cord, while auto crashes top the list. Slip and fall incidents are responsible for 32.2% of all spinal cord injuries.

If you sustained trauma to the spinal cord, the implications could be extremely serious. You do have legal remedies, such as pursuing a negligent property owner for not maintaining the premises. A Miami slip and fall accidents attorney will assist with recovering monetary damages for your losses, but you can check out some basics about spinal cord injuries. 

Types of Spinal Cord Injuries

Whether you are young or old is not defined as much by how many years you have been on the Earth but rather by whether you regard jumping on a trampoline as fun or scary. Sure, it is fine if exactly the right part of your body lands on exactly the right part of the trampoline at exactly the right time, but what are the chances of that happening? If you think a trampoline presents a lot of opportunities for sustaining a serious injury, imagine a whole building the size of a big box retail store with enormous trampolines above hard, concrete floors. Behold the trampoline park, a site of catastrophic injuries waiting to happen, even when guests are not ziplining above the concrete floor at an even higher altitude than the trampoline would take them. All “jump at your own risk” signs aside, premises liability laws protect customers injured in preventable injuries at trampoline parks. If you have suffered serious injuries as a result of an accident involving a trampoline, contact a Miami premises liability lawyer.

Your Rights if You Get Injured at a Trampoline Park

Premises liability laws in Florida offer strong protections to paying customers who get injured in preventable accidents at places of business, including recreational facilities where visitors pay admission, such as trampoline parks. Trampoline parks usually set up their trampolines with safety nets as walls to prevent guests from falling off, and they often have partitions made of soft material to help guests stay a safe distance apart, but despite this, accidents where guests collide with each other or land on the trampoline in a bad position can cause serious injuries, including bone fractures and concussions.

Floridians have a healthy fear of algae. If you have ever owned a swimming pool, you have spent considerable effort trying to stop the slimy green stuff from forming on the surface of the pool. You shock your pool several times a week with hefty doses of chlorine and acid, and you test the levels of pool chemicals every day. Despite your efforts to keep algae at bay, you must admit that it is an essential part of Florida’s natural beauty when it grows on tree trunks or logs or when it floats on the surface of the water, providing the perfect camouflage for alligators. Most of us think of algae as an annoying eyesore rather than a genuine health hazard. Algae can contribute to accidents that result in serious injury. If you got injured because a property owner failed to remove algae from their property, contact a Miami premises liability lawyer.

How Dangerous Is Algae Growing on Surfaces?

Premises liability laws enable customers and invited guests to seek damages from the property owner if they get injured in a preventable accident on the owner’s property. Accidents where the plaintiff fell on a slippery surface and got injured account for a large percentage of premises liability cases.

Many Miami residents choose to rent their residences, taking advantage of the fact that the landlord handles maintenance, common areas, amenities, and other tasks. You have expectations of safety in the place that you call home, so security is at the top of the list when you consider landlord responsibilities. Proper security measures, including locks, lighting, and cameras, are critical in an urban area like Miami, where criminal activity occurs. 

Until recently, residents have been able to hold landlords accountable for injuries from criminal attacks under the concept of premises liability. When the property owner is negligent with security, victims can seek monetary damages for their losses. A new law imposes some limitations on this theory of liability, so you should be aware of how it affects your rights. A Miami premises liability lawyer can assist with the legal process, but you can read on for an overview.

How the Law Works

South Florida has always been a popular destination for tourism, but you might be surprised to learn how the figures have increased in recent years. According to the Greater Miami Convention and Visitors Bureau (GMCVB), more than 26.5 million visited the Miami area in 2022, including 19.2 million overnight visitors. This rise represents an increase of 2 million visitors over 2021, as people are drawn to the region for business trips and vacations.

Because of the year-round warm temperatures, sun, and beaches, many visitors are attracted to the all-inclusive properties, luxury accommodations, and other resorts. These gorgeous, lavish hotels offer all the amenities, so you might overlook the fact that some may be shirking their responsibilities regarding safety. Criminal activity is common in a large city, and resorts must protect guests. You should discuss your remedies with a Miami resort accident lawyer if you were injured in a criminal incident because operators do have responsibilities.

Duties of Resorts and Hotels

South Florida is a popular vacation destination for its weather, beaches, and water attractions, but a recent story is a reminder of how quickly a fun time can turn tragic. According to a Miami’s NBC News Channel 6 report, two children were found unresponsive in a backyard pool early on June 30, 2023. Hollywood Police and Hollywood Fire Rescue responded to the 911 call and provided first aid at the scene before transporting the victims to Joe DiMaggio Children’s Hospital. NBC later reported that the two children died at the hospital. 

Officials will continue to investigate how these horrific drownings occurred, but an important point may affect how the grieving family moves forward with legal options. The subject property is an Airbnb, and the victims were among the guests. Fortunately, there are options to pursue negligent property owners, including those who make money through home-sharing services. It is essential to retain a Miami swimming accident lawyer for help with legal tasks, but some background is also useful.

Legal Obligations of Property Owners

With stories about motor vehicle accidents constantly in the news, it might surprise you to learn that traffic collisions are not the top cause of injuries in the US. Falls are the number one reason individuals seek medical treatment, according to the Centers for Disease Control and Prevention (CDC). Every year, almost 8.6 million people visit hospital emergency rooms for care due to injuries from slip and falls. Tragically, around 44,680 people are killed in fall accidents annually. 

Florida personal injury laws apply to slip and fall accidents, so you may be able to recover compensation if you were hurt. It is important to take advantage of all legal opportunities since your injuries can be life-changing. Besides physical pain, you may also endure emotional and financial losses. It is crucial that you trust a Miami slip and fall attorney for assistance with the process, especially if you suffered any of the following injuries from an accident.

Trauma to the Head

Whether you head out to your Miami neighborhood supermarket to grab a carton of milk or hit a big box store for a week’s worth of groceries, you never expect that your safety may be at risk. Unfortunately, negligent store owners who do not properly maintain the premises create a significant risk of harm. Dangers lurk down every aisle, and many of them are either hidden or unknown to shoppers. Slip and falls at the supermarket can lead to serious injuries, but there are numerous hazardous conditions that could also cause harm at the grocery store. 

Florida personal injury laws provide victims with legal remedies under the concept of premises liability. You may qualify to recover damages if you can prove that the accident happened because the supermarket owner breached the duty to keep the store safe for shoppers. A Miami premises liability lawyer can assist with the process of obtaining compensation, but it is helpful to review some information on the risks you could encounter.

Negligence Leads to Grocery Store Accidents

Millions of American households are home to dogs, cats, fish, ferrets, birds, and every other swimming, flying, or crawling pet you can imagine. These creatures are a part of the family for many, so pets often accompany their owners on trips around Miami. Dogs, especially, are proud to sit perched on their owner’s lap and take in the view, not realizing the extreme distraction they cause. Motorists who drive while interacting with a pet contribute to the number of distracted driving accidents, and the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) reports on the risk. Every year, there are more than 265 fatal crashes and 49,000 injury-causing collisions linked to distracted driving.

Driving with a pet may not lead to a ticket in the same way as using a phone, but the dangers are profound with any type of distraction. You do have rights under Florida law, so make it a priority to consult with a Miami distracted driving accident attorney if you were hurt. An overview of the risks is also useful.

Pets and the Impacts on Driving

Florida Justice Association
The National Center for Victims of Crime
outh Florida Legal Guide
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