Police officers say a 56-year-old man decided to hop on his golf cart and take it for a ride in a Walmart store in Gibsonton, Florida on August 9, 2019. The Hillsborough County police department says that when they arrived on the scene, they found the 56-year old Michael Dale Hudson blocking the entrance to the liquor store section of the Walmart with his gold cart. As deputies approached the man, he suddenly began making his way for the exit and hit and injured several customers in the process.
Premises Liability Claims
Persons sustain injuries all of the time due to another person’s negligence. When it occurs on someone else’s property, there is an added level of complexity in determining liability and proving your case to receive compensation from a homeowner, business owner, or government entity. Premises liability is the name for the area of law that determines who will be responsible for your injuries when a person or company owns or is in legal possession of a piece of property. The law differentiates between the types of persons who may be injured by a condition on a premise. The categories include trespassers, licensees, and invitees. A licensee is one who enters or remains for his own convenience or to advance his own interests, pursuant to the landowner’s permission or consent, and includes social guests and invitees. An invitee is one who transacts business in which the parties are mutually interested or when the public is expressly or impliedly requested or intended to enter or remain. It is important to point out that a trespasser may recover only for damages willfully or deliberately caused by landowners. A Licensee may recover only for damages caused by a landowner’s unreasonable failure to exercise reasonable care with respect to dangers created by the landowner of which the landowner actually knew; or a landowner’s unreasonable failure to warn of dangers not created by a landowner that are not ordinarily present on property of the type involved and of which the landowner actually knew. An Invitee can recover only for unreasonable failure to exercise reasonable care to protect against dangers of which he actually knew or should have known. Individuals can sustain injuries in all types of locations and places. Oftentimes, persons have no idea who is responsible for maintaining the property where they sustained injuries. A landowner (or one otherwise responsible for the condition of premises) cannot avoid responsibility to injured parties by delegating its legal responsibilities to independent property managers. At the same time, however, in a landlord-tenant situation, absent some agreement to the contrary, the landlord is not considered to be the “person in possession” of the property, the tenant is entitled to possession of the leased premises to the exclusion of the landlord, and the landlord who has transferred that possession is not liable for injuries resulting on the premises. However, property owners or property management companies won’t always be on the hook when someone gets hurt. Whether you’re filing an insurance claim or a lawsuit, you’ll need to show that the property owner knew or should have known of the danger, the property owner did not take reasonable actions to remove the danger or protect others from harm, and If not for the property owner’s negligence, you would not be injured. Additionally, the burden of proof lies with the plaintiff in premises liability cases. The plaintiff must establish by competent evidence each material fact essential to recovery by a preponderance of the evidence. Specifically, to sustain a cause of action for negligence under Florida law, the burden of proof is on the plaintiff to establish that: (1) the defendant had a duty to protect the plaintiff; (2) the defendant breached that duty; and (3) the defendant’s breach was the proximate cause of the plaintiff’s injuries and resulting damages. An invitee must prove a breach of one of the duties owed to him or her in order to recover for injuries suffered from a dangerous condition on the property. There must be: (1) evidence so that the jury can conceptualize a standard of conduct such as that of a reasonable person possessing a similar property; (2) evidence with respect to the defendant’s actual actions, such as the extent and frequency of inspections of the property; and (3) a comparison of the actual conduct against the theoretical “reasonable” conduct.
Contact an Experienced Personal Injury Attorney Today!
The car accident attorneys at Suarez and Montero would love to have an opportunity to explain the law in Florida to assist you in presenting a strong claim against the at fault party. Every firm is distinctive and auto accident victims have needs that are also distinct. needs are different. The Florida auto accident attorneys at Suarez & Montero encourage you to reach out so that we can explain more about the different ways that our law firm and attorneys can provide legal help and guidance after an auto accident. Make an appointment with us at one of our many locations. Remember, we work on a contingency basis so you will owe us nothing If we are unable to obtain successful results for your case. The attorneys at Suarez & Montero can meet with you to discuss further. always available to talk with you and answer your questions. Our skillful attorneys are genuinely committed to our clients. We will fight to make sure that you get the maximum amount of compensation owed to you. Let us help you get the medical care you need and fight to make sure you are compensated for your injuries! Our attorneys are ready to provide proven legal representation in pursuing your claim and stand ready to protect your rights. We are available 24/7 to give you a free, no risk case consultation.
We serve clients throughout Florida including those in the following areas:
Miami-Dade: Aventura, Coral Gables, Doral, Fontainebleau, Hialeah, Homestead, Kendall, Miami, Miami Beach, Miami Lakes, North Miami, Tamiami, and Westchester.
Broward: Fort Lauderdale, Hallandale Beach, Hollywood, Pembroke Pines, and Weston; and Palm Beach County including Boca Raton, Lake Worth, and West Palm Beach.
The Law Offices of Suarez & Montero Car Accident Attorneys represents accident victims injured in various types of accidents including:
• Distracted Driving Accident Lawyers
•Drunk Driving Accidents
• T-Bone Car Accidents
• Road Rage Car Accidents
• Head-on Collisions
• Rollover Accidents
• Rear-end Car Accidents
• Left Turn Accidents
• Failure to Yield Car Accidents
• Sideswipe Accidents
• Merging Accidents
• Lane Change Accidents
• Construction Zone Car Accidents
• Truck Accidents
• Semi-Truck Accidents
• Bicycle Accidents
• Train Accidents
• Pedestrian Accidents
• Boating Accidents