Trip and fall accidents can lead to extremely serious injuries, such as broken bones, neck and back injuries, and even brain injuries. If you have been injured at a shopping center, you may be able to file a lawsuit against the property owner. At the Law Offices, our seasoned Florida premises liability attorneys are committed to helping clients pursue the compensation they need for their harm.
A customer who was injured after she tripped over a shopping cart left in an Orlando Walmart aisle filed a personal injury claim against the retail store. The facts of the case were as follows. On February 5, 2016, the plaintiff was at Walmart when she tripped and fell over a shopping cart that was left in the walkway. As a result of this fall, the plaintiff claims she suffered bodily injury, pain and suffering, disability, mental anguish, lost wages, and medical costs. The plaintiff alleges that the defendant shopping center failed to use due care to maintain its premises in safe conditions. Specifically, she argues that Walmart failed to properly inspect and maintained the walkway, failed to remedy the hazard, and failed to warn the plaintiff of the hazard.
Shoppers expect a safe environment, free of hazards, when they shop. Property and storeowners are responsible for keeping their premises safe and free of dangers. As a result, if a shopper is hurt in the store, that shopper may be able to hold the property owner accountable through a Florida premises liability claim. Premises liability law makes property owners responsible for certain injuries suffered on the property. The degree of care required from a property owner depends on the type of visitor to the property. Visitors can be categorized in one of three ways:
- Invitee – a person invited onto the premises for a business purpose (i.e., a customer)
- Licensee – a person invited onto the premises for a social purpose (i.e., a party guest)
- Trespasser – a person who does not have permission to be on the property
Property owners owe the highest duty of care to invitees. This includes the duty to make sure the property is safe by performing routine inspections for dangerous conditions, fixing any dangerous conditions on the property, or warning invitees about potential hazards on the land. While property owners do not owe licensees the same duty of care as invitees, they must make sure licensees do not suffer preventable harm. Licensees must also be warned of any non-obvious hazards. A property owner owes no duty of care to a trespasser if the property owner did not know he was there. If the property owners know the trespasser is on the property, the duty may change.
If you have been injured in a slip and fall or trip and fall accident at a retail store, you may be entitled to compensation for your harm. When it comes to premises liability law, there are important differences among the categories of visitors. A skilled Miami premises liability attorney can help you understand your rights and help you navigate this complex area of law. We are here to answer your question and address your concerns at each stage of the legal process. Call us today at 1-877-499-HURT (4878) or reach out to us online today.
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