How Do I Know I Have a Viable Premise Liability Lawsuit?
Duty Of CareAs a guest or visitor to another person's property, you are owed a duty of reasonable care. This means that the property owner is obligated to maintain a safe environment. Establishing that you are owed such a duty is the first factor in a premises liability lawsuit.
Owner AwarenessThe next factor that must be determined is if the property owner was aware of the hazard. If the hazard has existed long enough that it should have been identified during regular property maintenance, the property owner can be reasonably expected to know about the hazard. Similarly, if the risk regularly occurs and can be considered foreseeable, the property owner can be expected to know about the hazard. In the rainy season, guests and visitors often bring in water on their shoes. This causes the floor to remain wet and causes an increased risk of slip and fall injuries. Store owners and managers are expected to recognize and minimize this risk.
Failure To ActThe last factor to consider is if the property owner took proper action to remove the hazard. Failure to remove hazards properly can result in a slip and fall injury and a premises liability lawsuit. In the scenario above, the wet floors can be mopped but drying them takes time, and keeping them dry is nearly impossible. The hazard cannot be removed but it can be minimized with the proper use of wet floor signs. An injury attorney like Casas Injury Lawyers in West Palm Beach, Florida can go over these factors with you to determine if you have a viable premises liability lawsuit. Contact them today to set up your free case consultation and get answers to your premises liability questions.
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