Property owners and businesses have a legal duty to maintain their premises in a reasonably safe condition. This means that they have an obligation to make sure that the premises are free of any dangerous conditions that they know about, or in the exercise of reasonable care, should have known about. Included with this duty is the duty to warn customers of any dangerous conditions on the premises that the property or business owner knows about, or in the exercise of reasonable care, should have known about. If they fail to do this, they might have liability for negligence.
There are several different types of dangerous conditions that business owners can be responsible for. Slipping and tripping hazards are very common. While business owners are not always at fault when someone slips or trips and falls, if there is a hazard that they knew or should have known about, they can be held responsible. Examples are liquid, food or other slippery substances left on the floor, improperly maintained walking surfaces like sidewalks, parking lots or stairs, and inadequate lighting on or near its walking surfaces. Many times we find that business owners failed to properly maintain and inspect their premises which, if properly and regularly done, would have eliminated the unsafe condition. This can lead to liability for negligence.
Unsafe premises also occur when the business or property owner fails to provide adequate security for its customers. Hotels and shopping centers can sometimes be responsible for injuries to its customers caused by other people in a robbery or assault and battery, particularly if there is evidence of prior criminal activity on or near the premises.
In most of the unsafe premises cases that we handle, the property or business owner claims that they had no idea about the dangerous condition on their property at the time of the incident. What we routinely find, however, is that there were prior similar incidents occurring on the property. When this happens, the property or business owner is on notice of the dangerous condition and has a greater obligation to eliminate it.
Collier County unsafe premises attorney Darrin M. Phillips has been protecting the rights people injured on unsafe premises in Naples and Southwest Florida for over 25 years. He is skilled in analyzing the many complex factors in your case and developing the proper theories of liability given your unique set of facts. He also has many years of expertise in dealing with the insurance companies and defense attorneys who will try to defend or deny your claim, and is prepared to take every step necessary to get you the recovery that you’re entitled to under the law, including presenting your case to a jury if necessary.
Call premises liability attorney Darrin M. Phillips for a free consultation about your case. If we accept your case, you pay us no fee unless we win. (239) 262 4180