When Messes Call for a Lawsuit: Inadequate Maintenance of Premises
In a premises liability case, you will seek compensation from a property owner or controller for contributing to your injury on their property. For the most part, a premises liability case relates to some sort of obvious hazard or danger. Imagine a case in which icy was allowed to accrue on steps outside a store, but you were not provided any warning. If you slipped and fell on the ice, then you could expect to have a legitimate premises liability claim.
What is the case if you are hurt on someone else’s property and the hazard is not as clear, though? Can you still file a claim for damages if a general mess or lack of general maintenance cases your injury?
The usual rules of a premises liability case still apply when a hazard is not totally clear-cut. The property owner has a duty to protect visitors, guests, and anyone else on the property from unreasonable harm caused by a deficiency with the property. This definition can include most any type of hazard or problem, including clutter on the ground. Such premises liability cases cite an “inadequate maintenance of the premises” to make their point.
For example, you visit the local library and find books are left strewn about down an aisle of shelves. A librarian asks you to watch your step down that aisle because they have not had a chance to pick up the books. While this mess may not seem outrightly dangerous, you could feasibly trip, fall, and get injured. The warning does not exempt the library from its liability, either. Indeed, the warning signifies the librarian was aware of the mess but still did nothing to fix it or prevent you from walking near it.
Were you seriously injured in a slip and fall accident on someone else’s property? Whether the property was owned by a business owner or a neighbor, you deserve compensation for your medical bills, lost wages, and pain and suffering. Come to The Pittman Firm, P.A. to speak with a highly experienced Florida personal injury attorney about what you should do next. You can even arrange a free, no-obligation initial consultation by dialing (850) 784-6997.