Inadequate Maintenance

When you visit a business or another property, you expect that those in control of it will maintain your surroundings in a safe way. Unfortunately, this is not always the case. An inadequately maintained area can pose significant dangers and lead to serious injuries. The experienced premises liabilitys at the Law Offices of Robert Dixon have assisted numerous residents of Miami and other Florida cities who have been hurt as a result of poorly maintained property. Serving clients in Miami-Dade, Broward, and Palm Beach Counties, we provide thorough guidance and tireless representation for accident victims.

Serious injuries, including brain trauma or damage to the spinal cord, can result from a slip and fall caused by some hazard that the victim could not have expected. Countless unsafe conditions may indicate a lack of proper maintenance by a property owner, including:

• Inadequate security on the premises;
• Merchandise that is stored improperly;
• Spills that are not properly cleaned;
• Clutter in aisles; or
• Broken or uneven sidewalks, stairs, or steps.

Individuals and entities must maintain their premises in a reasonably safe condition and are responsible for fixing any dangers there. If an owner fails to maintain a property adequately, and this carelessness leads to an accident, a victim may bring a personal injury claim to pursue compensation for any damages that result.

Identifying who controls a certain property may determine who is responsible for failing to adequately maintain it. For a victim to prevail in a premises liability claim, that party’s negligence must be proven. The injured person can show negligence by establishing that:

• The defendant property owner owed the victim a duty of care;
• That duty of care was breached by the defendant’s careless actions;
• The breach caused the victim’s injuries; and
• Quantifiable damages were incurred as a result.

In Florida, property owners and occupiers owe visitors to their property a duty of reasonable care to maintain the premises in a safe condition. This obligation protects those who are invited onto property or who are lawfully present there. An owner’s duty includes the responsibility to warn of any hazards on the premises or to fix dangerous conditions.

If a property owner fails to fix or adequately warn of a defect, he or she may be liable for any injuries that occur as a result. Even if you are partially responsible for an accident, an owner that has not maintained the premises in reasonably safe condition could still be held liable for a reduced amount of compensation. Florida is a comparative negligence state, where courts will consider all parties’ percentage of fault when determining damages in a personal injury claim. If you were somewhat responsible for causing your injuries, you could receive compensation in proportion to the degree of fault assigned to any defendants found liable.

If you’ve been hurt as a result of an owner’s failure to properly maintain property, you may be able to obtain damages. These can include past and future medical expenses, lost wages, loss of earning capacity, and pain and suffering.

Sometimes a dangerous property condition can lead to a tragic loss of life. In these situations, surviving family members may be able to pursue a wrongful death claim against any responsible parties to recover damages for medical costs, burial expenses, loss of companionship, and more. It is important to consult a knowledgeable attorney without delay to decide whether you have a claim, since the statute of limitations for filing an ordinary negligence lawsuit is four years from the date of the injury. Additionally, family members must file a wrongful death claim within two years from the date of a loved one’s death.

People and entities that fail to adequately maintain property in Miami or elsewhere in Florida should be held liable for injuries sustained as a result of their negligence. The skilled slip and fall attorneys at the Law Offices of Robert Dixon can help you pursue fair compensation for your losses. Our compassionate staff is dedicated to our clients, and we will make sure your rights are properly represented throughout the legal process. Please call 877.499.4878 or contact us online to set up a free, no-obligation consultation, even if you are not sure whether you have a claim.