Were you badly hurt when you slipped and fell on a wet floor when visiting your local grocery store? Or did an overhead display tumble down on you as you browse the aisles of Home Depot? If you were seriously hurt while shopping at a store, visiting a local business, or browsing the aisles of a retail outlet, you might have a premises liability claim.
When you have been badly injured, it is a good idea to speak with a best Cape Coral premise liability attorney to protect your interests. People hurt in accidents often require emergency room care, medical treatment, and hospitalization to overcome their injuries. Often, families are financially strained when the accident victim is unable to work.
The Law Offices of Wolfson & Leon specialize in personal injury accident cases caused by such accidents as car crashes, defective products, medical malpractice, and premises liability claims. Since 1963, our Cape Coral accident lawyers have defended the rights of people severely injured by the negligence of a third party.
Injured victims have rights. Your family should not be stuck with the financial burden of paying for medical treatment for an accident that was not your fault. With our free consultation service, you can find out your rights and how Wolfson & Leon can help you by calling (239) 471-0714 today.What Is Premises Liability?
When you visit a place of business, the company owner has a legal responsibility to ensure the premises are safe for visitors. This is known as premises liability. A person visiting the property may be hurt if the owner or manager does not ensure the safety of their property.
Premises liability claims cover such accidents caused by:
- Slips and falls caused by leaking water or wet floors
- Defective conditions
- Dog bites
- Falling objects
- Escalator and elevator accidents
- Uneven or broken pavement in parking lots, sidewalks, or outdoor walkways
- Inadequate lighting in a parking lot
- Toxic chemicals or fumes
- Swimming pool or hot tub slip and fall accidents
- Broken handrail in a stairwell
- Inadequate or lack of security cameras
- Trips and falls
These accidents include slip and falls, trip and falls, and negligent security. These life altering incidents can happen anywhere including but not limited at:
- Hotels or resorts
- Gas stations
- Bars or nightclubs
- Barber shops or beauty salons
- Convenience stores like 7-11, Speedway or Wawa
- Supermarkets like Publix, Winn-Dixie, Walmart or Aldi
- AIRBnB rentals
- Pharmacy stores
- Retail stores such as Ross, Dollar Store, Five Below, Macy’s or any other type of store
- Shopping centers
- Strip malls
- Fast food resturants such as Mc Donalds, Wendy’s, Burger King
- Home improvement/hardware stores such as Home Depot or Lowes
- Chain resturants such as Applebees, Red Lobster, Chipolte, Burger Fi, Pizza Hut or any other eating establishment
If you were gravely injured while visiting another place of business, you might have a premises liability claim based on the following factors:
Duty of care – An owner or manager owes visitors a specific level of care, depending on why they are on the property.
- When a person is on the property with a legitimate business purpose, they are considered an invitee. An invitee can be a customer shopping at a store, a client visiting your office building, or a repair person you have called to fix a broken pipe. As an invitee, you are owed the highest level of care. This means that an owner or manager must take reasonable steps to inspect their property for potential hazards and repair conditions that could be dangerous. If the owner cannot complete the repairs, they must notify the invitee of the danger. In addition, an owner should inform an invitee of any veiled danger that they should have known about.
- A licensee is a guest who visits the property, typically for social reasons. This may be a family member visiting an employee at work or a guest attending a party. Owners must fix the known danger or notify guests of its existence. However, they do not have to notify guests of any hazards that they should have known about.
- To a trespasser, the owner owes the lowest level of care. As an uninvited guest on the property, the owner should try to avoid intentional or reckless injury. However, an owner may need to take additional safety precautions if something on the property could attract or entice a child minor child. Under the attractive nuisance doctrine, the owner should take steps to safeguard such areas as swimming pools, playgrounds, or hot tubs.
You must satisfy the following three requirements to prove that you have a premise liability claim.
- Breach of care – You must be able to prove that the owner broke the level of care owed. Suppose the owner failed to inspect the property on a regular basis or was aware of a threatening condition but did not take practical steps to fix the situation or notify you of the danger. In that case, this may be a breach of care.
- Cause– You must prove that the owner’s breach of care caused the accident and your injuries.
- Damages – You suffered losses resulting from the actions or inactions of the owner.
When you get hurt at a place of business, their lawyers or insurance companies may present you with a quick settlement. While settling rapidly may seem like a good idea, it may not be in your best interest to do so. Insurance companies and large corporations want to keep their damage payouts as low as possible, so an early settlement can protect them from having to pay out more money if it becomes apparent that your injuries were more massive than doctors first anticipated. And once you settle, you will not have the chance to seek additional compensation.
Premises liability claims have a great deal of complexity, so it is a good idea to seek legal assistance. The best Cape Coral slip and fall accident lawyer can evaluate the legal merits of your case and help determine if you have a viable premises liability claim. Should you choose to pursue legal action when you have been hurt, the Cape Coral slip and fall injury lawyers at Wolfson & Leon can help develop your case, defend your rights, negotiate the best settlement possible or even go to trial when it is necessary.Cape Coral Premises Liability Accident Law Firm
If you are terribly hurt while visiting a place of business, contact Wolfson & Leon to find out what legal rights you may have to compensation when you are injured. We will evaluate your case for free and tell you what legal remedies could be available to you. Should you choose to pursue a premise liability claim, our Cape Coral accident attorneys work to build your case and defend your interests when negotiating a settlement. Find out how Wolfson & Leon can help you by calling (239) 471-0714 today.