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Inadequate Maintenance Claims in Florida

mallProperty owners have an obligation to maintain their premises in reasonably safe condition for those who enter the land. When a property owner fails to do this, and an individual is injured as a result, the victim can pursue compensation for their harm. At the Law Offices of Robert Dixon, our premises liability attorneys are well versed in this area of law and can put our knowledge to use in your case. You can rest assured that we will provide you with the aggressive representation you need.

Inadequate maintenance can cover a variety of unsafe conditions on property, including but not limited to:

  • Uneven stairs or sidewalks;
  • Spills on the floor;
  • Cluttered aisles or walkways;
  • Lack of security cameras in high crime neighborhoods;
  • Broken windows;
  • Faulty locks;
  • Poor lighting; or
  • Unrepaired fixtures.

In many instances, inadequate maintenance takes place because of the property owner’s negligence. Negligence is a failure to exercise reasonable care in one’s actions. Negligence can also occur through failing to act when it was appropriate to do so. Reasonable care is defined as how a prudent person would act in the same or similar circumstances. For example, if a shop owner does not fix a door, a customer may sustain a serious injury in that store. In such a scenario, the shop owner would likely be liable for any resulting harm because a prudent shop owner would understand that a faulty door could cause harm to customers.

In order to prevail on a negligence claim, the plaintiff must establish the following elements:  i) the property owner owed the plaintiff a duty of care; ii) the property owner violated the duty of care owed to the plaintiff; iii) the property owner’s breach caused the plaintiff’s injuries; and iv) the plaintiff suffered quantifiable damages as a result. All four of these elements must be present for a successful negligence claim.

An injured individual may seek compensation for his or her injuries from a negligent property owner. While damages will vary in each case, a plaintiff will typically be able to recover medical expenses, rehabilitation costs, pain and suffering, lost income, and more.

In the most serious inadequate maintenance cases, you may have lost a loved one. If this is the case, you may be able to file a wrongful death claim against the property owner. Wrongful death claims are extremely complex and time-sensitive, which is why it is important to seek the help of a qualified attorney as soon as possible. Wrongful death damages may include medical expenses, funeral costs, and loss of companionship.

At the Law Offices of Robert Dixon, our skilled Miami premises liability attorneys understand what it takes to pursue compensation in personal injury claims. For years, we have represented South Florida clients in such matters. We take pride in keeping our clients informed at each step of the legal process. Note that we offer every prospective client a free initial consultation. For more information, do not hesitate to call us at 1-877-499-HURT (4878) or contact us online today.

More Blog Posts:

Florida Court Clarifies ‘Amount in Controversy’ Requirement, South Florida Injury Lawyer Blawg, February 16, 2016

Hoverboard Accidents in Florida, South Florida Injury Lawyer Blawg, February 16, 2016

Wrong Way Accidents on Florida Roads, South Florida Injury Lawyer Blawg, February 16, 2016