Premises liability is when an accident happens on someone's property.  Negligence in a premises liability case occurs when a landowner and/or persons in possession or control of a property fail to maintain, or, at a minimum, warn those who may come on the property about dangerous conditions about which they might otherwise not be aware.  

Another important factor in premises liability cases is what type of "visitor" you were when you were injured on the property.  Were you an invitee, licensee, or a trespasser?  Invitees and licensees are owed the same or similar duty of care by the property owner or possessor, while trespassers are owed the lowest or no duty of care.    

Premises liabilty cases are commonly known as "slip and fall" or "trip and fall" cases; however, many other types of injuries can happen under premises liability including:

• Slip and falls caused by slippery floors, standing water, or ice;
• Trip and falls caused by damaged, uneven, or poorly kept walkways or stairs;
• Inadequate security, including surveillance and lighting, resulting in a preventable assault;
• Construction site injuries;
• Products falling off store shelves;
• Pool drownings;
• Falling trees.

The Law Offies of Reese Harvey will investigate every detail surrounding and leading up to your case to properly determine the property owner or possessor's duty of care.  Were you an invitee, licensee, or trespasser?  If you were a tresspasser we will investigate if you were a "discovered" or "undiscovered" tresspasser.  A discovered trespasser is someone who's presence was detected within 24 hours of the accident therefore the law maintains that the property owner or possessor still has a duty to warn.  Call us today at (561) 691-4511 for a free, no obligation consultation.

SLIP & FALL/TRIP & FALL FAQs

• If I am hurt in a slip and fall accident at a store or other type of business, what steps should I take to protect my right to make a claim?  If you get hurt in a slip and fall accident, your first priority should be to see your doctor.  There are also several things you can do to protect your rights and help make sure you can recover all the money you are entitled to under the law.  Make written notes about the accident; get names, addresses and phone numbers of all witnesses; save any evidence such as clothes and shoes you were wearing at the time of the fall.  Report the accident to employees of the business, but don't sign anything or give a statement before talking to an attorney. You are not legally obligated to give a statement to a store employee or anyone connected to the business.  If the store made a written report, ask for a copy.  If you're hurt in a slip and fall accident what often happens is that store employees try to get you to say something that hurts your case, like admitting that you weren't pay attention.
• The grocery store that I slipped and fell in claims that the fall was my fault.  Does this mean I can't move forward with a case against them?  No, however recent changes in Florida law make "slip and fall" and "trip and fall" cases more difficult to prosecute since a more significant burden is placed on the victim.  Additionally, slip or trip and fall lawsuits almost always center around a dispute over who is at fault.  This is why it's important to hire an attorney who has experience representing slip/trip and fall clients.  The Law Offices of Reese Harvey has successfully won slip/trip and fall cases for our clients.  Attorney Reese Harvey knows where to look for all insurance coverage, overcome the disputes that may occur between multiple defendants, and get you the money you need to help recover from your injuries.
• I tripped and fell at the mall.  Now the mall's insurance company is calling me to take a statement.  What should I do?  Hire an attorney before speaking with an insurance adjuster.  The primary goal of an insurance adjuster is to minimize your injuries and to convice you to resolve your claim qucikly for less money than it's worth. It is unfair for a you to discuss the permanency of your injuries immediately following a fall because it can take weeks or even months before your injuries are completely known.
• Is it important to hire an attorney right away?  Yes.  There are many reasons why you should have a legal advocate protecting you from the beginning.  First, the liable party's insurance adjuster may have already called you looking for a recorded statement (see question above).  Secondly, you would be surprised at how often evidence such as store reports, witness information, and surveillance video "disappear".  When you hire The Law Offices of Reese Harvey we demand this information immediately to protect your legal rights and ensure all evidence is preserved.  We are dedicated to obtaining the maximum amount of money possible for your case. 

* The answers to these questions are not legal or medical advice and should not be relied upon or used as a basis for any particular course of action.  Feel free to call The Law Offices of Reese Harvey.  We will be happy to answer your questions and explain your rights.