Orlando home and business owners have the responsibility to keep invited guests on their property reasonably safe. In general, owners must remedy or fix any known dangers. For those dangers that cannot be repaired, the guests must be sufficiently warned.
If you or a loved one have been injured on someone’s property, you may be entitled to compensation for your pain, loss of work, and injuries. For a successful liability lawsuit, the plaintiff must be able to substantiate the property owner breached a duty of care that was owed to them by their conduct or by failing to take remedial action.
Such as in a recent premises liability case.
As the plaintiff was picking up her trailer at the tire shop the defendant owned, she stepped off the area that was paved and onto a gravel area, which was placed there to drain water away from the building, so it had a slight slope. This resulted in the plaintiff falling and breaking her leg.
The plaintiff’s lawsuit claimed the gravel placed on the tire shop property for drainage was to close to the shop door, leaving the customer vulnerable to falling. The plaintiff also had an expert report stating the sloped gravel so close to the main door violated building codes.
The owner was also negligent because there were no physical barriers or signs to prevent or warn of the dangers of walking on the gravel.
After an appeal, the court sided with the plaintiff, who established negligence on the part of the tire shop for the placement of the gravel slope.
If you or a loved one has been injured in a slip and fall on someone else’s property or business, you may be entitled to compensation for the pain and injury it has caused. Attorney James P. Kelley is dedicated to premises liability cases.