Defective Property Conditions

Defective property conditions can cause significant harm, including fractures and serious head trauma. In many cases, these injuries could have been avoided if the property owner had taken measures to fix the hazard before the accident happened. At Frankl Kominsky, we advise and represent victims in West Palm Beach and other Palm Beach County cities. Our premises liability attorneys can assert your rights against a property owner if a defective condition caused your injury.

Hazardous conditions pose a danger to anyone in their vicinity. A person can sustain devastating injuries from any of a broad range of property defects, including:

• Uneven floors or pavement
• Loose or missing steps on a staircase
• Inadequate fencing around a pool
• Slippery floors
• Lack of adequate lighting
• Poorly secured merchandise

Owners must keep their premises in reasonably safe conditions for those who are lawfully there. Unfortunately, many owners and tenants carelessly fail to do so. A person who is injured on another’s property can hold the owner responsible for any injuries caused by a hazard there.

If a defective property condition harmed you, you can hold the owner accountable by filing a premises liability lawsuit. If you can show that the property owner is legally responsible for causing the accident in which you were hurt, you may be able to get damages associated with your injuries.

In Florida, people who control property have a duty to maintain their premises in reasonably safe conditions. The degree of care that a property owner must use depends on how the victim is classified among several types of visitors. For example, an owner owes the highest duty of care to a person invited to the premises for a business purpose. The owner must keep the property safe, investigate and warn of any dangers there, and promptly fix any defects. A duty of care also is owed to a licensee, who is someone on the property for a social or non-business purpose. A property owner has to correct or warn licensees of any hazards. People who control premises sometimes owe child trespassers a duty of care, but they generally owe no duty to adult trespassers.

To hold a property owner accountable for your injuries, you must fall into a protected visitor category. This will establish that the owner actually owed you a duty of care. Once you show this obligation, you need to prove that the property owner breached the duty by some careless action, resulting in the accident. You also must point to actual damages that you sustained as a result of your injuries.

A property owner may claim that you are responsible for your own harm because the defective condition was clearly apparent. In Florida, an open and obvious hazard may suggest that you were negligent, but it does not absolve an owner from failing to maintain the premises. A court will decide if a defect was so apparent that your own negligence should be considered. If you are found partially responsible, you can potentially recover damages to the extent of the property owner’s fault.

Types of compensation available in a successful premises liability lawsuit include, but are not limited to, damages for medical costs associated with the injury, any lost income, and pain and suffering. The time limit for filing this type of claim is two years.

The slip and fall lawyers at Frankl Kominsky can help you pursue a claim against a West Palm Beach property owner if a defective condition caused your injuries. We have represented a number of victims in premises liability cases. We can effectively present your claim and tenaciously assert your right to damages. We proudly serve individuals in Delray Beach, Palm Beach Gardens, and Boca Raton, as well as other Palm Beach County communities. For a free consultation, call our office today at (855) 800-8000. You can also contact us through our online form. We speak Spanish and Creole.