I was injured at a place of business. How can I determine if they are liable?
If you have been injured while shopping at the mall, eating at a restaurant or visiting another similar establishment in Florida, you may be able to recover damages for your medical bills, pain and suffering, lost wages and other expenses if the business failed to uphold their legal duties to maintain a safe environment.
Florida law states that places of business owe certain legal duties to their invitees, or people who are invited to enter or remain on a businessĂ˘â‚¬â„˘s property for a purpose directly related to business dealings. A shopper at a department store or a patron at a movie theater would both be examples of business invitees.
Businesses owe two specific duties to invitees:
1. Businesses are required to use reasonable care in maintaining the premises in a reasonably safe condition.
2. Businesses are required to give the invitee a warning of concealed dangers which should be known to the business, and which are unknown to the patron and cannot be discovered by him or her through the exercise of due care. Concealed dangers could be anything from obscured potholes to spilled liquids, among other hazards.
However, the law also states that a business is not an insurer the business inviteeĂ˘â‚¬â„˘s safety, and that the mere occurrence of an accident does not automatically mean that the business was in some way negligent. In a personal injury case, the Plaintiff must prove that the negligence of the business in question led to their injuries. Make sure that you photograph the danger and get names and phone numbers of all witnesses at the business or establishment.
If you were injured in a place of business, it is possible that the business failed to carry out its duties to maintain safe conditions and give warning of potential hazards. It is important to hire the right personal injury lawyer as soon as possible if you have been injured in an accident or other incident. A competent personal injury attorney could help you recover damages and achieve the best possible outcome in your case.
At the Law Offices of Stephen K. Miller, we accept personal injury, medical malpractice, and wrongful death lawsuits on a contingency fee basis, meaning you would owe us neither legal fees nor costs unless we recover money damage for youĂ˘â‚¬â€ťthus, there is no up front cost to you for us to handle the case. In addition to personal injury, medical malpractice, and wrongful death cases, our firm also handles lawsuits involving divorce, custody battles, domestic violence injunctions, will and probate matters, and criminal defense cases. Our firm has offices in Gainesville, Ocala, Chiefland, Lake City, Palatka, Jacksonville, Daytona, Palm Coast, St. Augustine, Orlando, Kissimmee, Lake Mary, and Melbourne.
If you or a family member has been seriously injured or died as the result of someone elseĂ˘â‚¬â„˘s negligence or malpractice, contact the Law Offices of Stephen K. Miller for a free phone consultation at (866) 496-8752 or via email at Info@ForYourLaw.com
BY: Stephen K. Miller, Attorney at Law
June 29, 2012