Slip and Fall accidents and injuries
Premise liability includes the commonly known "slip and fall" accident, which takes place when a person falls on a floor, sidewalk, stair or other surface resulting in injury. Other common "slip and fall" type accidents can result from an uneven floor, poor lighting, a slippery floor surface or an unseen danger, such as a hole.
The laws protect people from such accidents by holding the owner liable if they fail to maintain the property. These laws extend to the management companies for apartment complexes or storeowners as well.
There are distinctions in the law, however, between being an "invited guest" or a trespasser. If you are an "invited guest" you are entitled to a duty of care by the host, which includes warning you of any possible dangerous conditions existing on the property. If you are trespassing, you may receive a lower standard of care because of the fact you are an univited guest.
What happens if a child wanders on to a person's property and is unaware of potentially hazardous conditions? The property owner is still responsible for the possibility of a child getting hurt on his/her property, as in the case of an unobstructed swimming pool. Adult property owners are aware that this is attractive to children and may pose a danger for drowning. Therefore, the pool must be gated or sealed off so a child cannot hurt him/herself. This area of the law is known as the attractive nuisance doctrine.
If a person should get hurt while on government property, such as a city parking garage, the governmental entity is responsible for the proper maintenance of the property. However, there are strict rules for lawsuits brought against governmental properties. The statutes of limitation for filing a "slip and fall" case on government property are very short and can only be filed after written notice of the injury has been provided to the government.
For specific answers to your questions call 727-576-6262 or 813-226-8916. The consultation is free and confidential.
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Personal injury attorneys at Brumbelow Drechsel in St. Petersburg, Florida, represent clients throughout Florida and most frequently the Tampa-St. Pete metro area, including Tarpon Springs, Palm Harbor, Largo, Clearwater, St. Petersburg, Lakeland, Pinellas Park, and St. Pete Beach; from counties including Pinellas County, Hillsborough County, Citrus County, Manatee County, Sarasota County, Hernando County, and Pasco County.
