Dangerous/Defective Premises

Florida property owners have a responsibility to maintain their premises in a condition that is reasonably free from dangerous conditions and hazards. When you travel to hotels, homes, or other businesses, you reasonably expect to be able to safely walk across surfaces and access the property without suffering injury. If you have been injured on a property due to dangerous or defective premises, you need an experienced attorney to help you get the compensation you deserve. You may be able to recover financially for your medical bills, pain and suffering and lost wages. In Florida, a plaintiff in a premises liability lawsuit must show that:
  • The property’s condition was dangerous or defective;
  • The property owner or the person responsible for maintenance either knew or should have known about the dangerous or defective condition of the property;
  • The person responsible for maintaining the property had sufficient time to warn others about the condition or to repair the condition;
  • The defective or dangerous condition was not repaired; and
  • The unsafe or dangerous condition caused the injury.
The most common types of injuries that occur due to dangerous or defective premises include:
  • Slip and fall. Slip and fall injuries occur due to slippery conditions on walking surfaces (floors, stairs, sidewalks, driveways, decks, etc.). Slippery conditions may be caused by spilled food or drink, standing water, a puddle of motor oil, ice or snow.
  • Trip and fall. Trip and fall cases occur due to uneven walking surfaces that are unexpected. These uneven surfaces may include stairs, torn carpeting, uneven pavement, tree roots, and other unexpected rises and dips inside buildings.
  • Dog attacks/dog bites. Florida law imposes strict liability on dog owners for any dog bite that causes injury to a person. The dog does not have to have a past history of attacks in order for the owner to be liable. Damages may be limited if the bitten person was negligent in regard to the dog, or if the person was not lawfully allowed on the property.
  • Unsafe surfaces. These types of cases often occur at construction sites or in old buildings. Unsafe surfaces can occur when a walking surface is unstable due to age or incomplete construction.
  • Pool injuries. Pool injuries include accidents that happen in or around swimming pools, and include diving injuries, drowning or near drowning.
  • Construction injuries. Construction injuries may occur due to falling material, a broken ladder, hazardous material, faulty equipment or dangerous machinery injures a construction worker at the site.
  • Defective elevators/escalators. The use of a defective elevator or escalator can result in serious bodily injury. Property owners have a duty to ensure that the elevators and escalators are operating in a safe, functional manner. The product manufacturer may be found to be liable, or the property owners or managers may be responsible.
If you have been injured due to dangerous or defective premises, contact an attorney immediately. Seidensticker and San Filippo are experienced personal injury attorneys who will advocate for you to receive the compensation that you deserve. Due to the small size of our firm, we are able to be selective with the clients that we choose, allowing us to work closely with our clients. Contact us today for a consultation.