Liable for Inadequate Maintenance

Contact the Spring Hill slip and fall lawyers at Holliday Karatinos Law Firm, PLLC today for a free consultation.

Experienced Florida Premises Liability Lawyers

Visitors, guests, and shoppers are sometimes injured due to inadequately maintained property. The Spring Hill slip and fall lawyers at Holliday Karatinos Law Firm, PLLC have more than 50 years of combined experience representing victims in premises liability claims. Our attorneys provide knowledgeable legal guidance and steadfast representation to individuals who were hurt by a property owner’s carelessness. If you were injured on someone else’s property, we can help.

Inadequate Maintenance

If a person is injured by falling merchandise or slips and falls on an uneven floor, he or she can suffer serious injuries such as fractures or head trauma.

Inadequate maintenance can include a variety of unsafe conditions on the property, including:

  • Uneven or broken steps, stairs, or sidewalk
  • Spills or fallen merchandise
  • Cluttered aisles or hallways
  • Overgrown or improperly maintained trees
  • Lack of adequate security

Property owners are responsible for repairing their property and keeping it in fair condition. If a lack of maintenance causes injuries, the victim can pursue a case against the property owner or possessor.

Holding a Property Owner Liable for Inadequate Maintenance

Inadequate maintenance is often the result of a property owner’s negligence. If you can prove negligence in your personal injury claim, you can recover damages for your injuries. Negligence requires that you show:

  • The defendant owed you a duty of care;
  • The defendant breached or failed to exercise this duty of care;
  • The defendant caused your injuries as a result of the breach; and
  • You suffered actual damages from the injuries.

Florida property owners and possessors must use reasonable care in the maintenance of their premises. This duty of care is generally owed to people lawfully on the property, trespassing children, and, to a lesser extent, adult trespassers. The duty includes an obligation to warn of any defects on the property, and a duty to fix defective or dangerous conditions. If you can prove that you were owed a duty of care, and that the property owner’s breach harmed you, you can hold the owner liable for your injuries.

In some cases, the property owner may claim that you were at least partly responsible for your injuries. The owner may argue that the defect on the property was open and obvious. Property owners, however, cannot use an open and obvious defect as a shield against liability. They still have a duty of care to maintain their property in reasonably safe conditions. Florida will consider the negligence of all the parties involved and apportion fault accordingly. If you are found to be partly at fault, you can still recover damages to the extent you did not cause your injuries.

Damages You May Recover

You can seek compensation for your injuries from a negligent property owner or possessor. Your possible damages include compensation for your current and future medical bills, any lost wages, loss of earning capacity, and pain and suffering. In the most severe cases, an inadequately maintained property can cause death. If a relative of yours succumbed to his or her injuries, you may file a claim for wrongful death and possibly recover for your loved one’s medical expenses, burial bills, and loss of companionship. You must file your personal injury claim within four years from the date of the incident, or two years from the date of your relative’s death in a wrongful death suit. Otherwise, you may be prevented from pursuing the suit under Florida law.

Experienced Legal Counseling in North Tampa Premises Liability Cases

The North Tampa personal injury attorneys at Holliday Karatinos Law Firm, PLLC are experienced premises liability lawyers who can help you assert your claim against a negligent property owner. We have advocated for countless clients in their personal injury cases, and we can provide you with the knowledgeable, aggressive representation you need in your inadequate maintenance case. We work with clients in Hillsborough, Pasco, and Hernando Counties, as well as the surrounding areas. Call us at (866) 597-0009 or contact us via our online form to arrange a free, confidential consultation.

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