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Premises Liability

The Datny Law Firm and Boca Raton Personal Injury Attorney David B. Datny represent victims injured in premises liability accidents. The law of premises liability covers a wide range of injury claims arising from the manner in which an owner or occupant manages and maintains its property. This includes everything from injuries sustained because a supermarket failed to mop up a spilt milk, or a fast food restaurant failing to pick up debris, or an assault in a parking lot that could have been prevented with better lighting or roaming security guards. Unfortunately, many of these cases are avoidable had the owner or occupant taken the appropriate level of care and caution. However, sometimes, the price of security and implementing protective measures is costly and businesses forgo doing so at the expense of the public. In these situations, the only way to get the justice you deserve, and ensure that nobody else is victimized in the future, is to seek legal action and hold irresponsible owners accountable. Boca Raton Personal Injury Attorney and Premises Liability Lawyer David B. Datny are dedicated to getting justice for victims throughout Florida who have been injured due to the negligence of others in the ownership, operation, maintenance, inspection, control, security or repair of their premises.

Common Types of Premises Liability Cases

The owner or occupant of a property has a general duty to maintain the premises in reasonably safe condition for those who legally enter onto the property. When the owner or occupant of the property fails in that duty, and injury results, the property owner or occupant is typically liable for the damages that follow. Any premises-related injury caused by a breach of the owner’s or occupier’s duty could lead to a premises liability claim; however, it is an extremely fact intensive analysis to determine their fault, which Premises Liability Attorney David B. Datny will work with you to establish. The most common types of premises liability claims include:

Slip and Fall or Trip and Fall Accidents

Slip, trip, and fall accidents can cause serious injury, and even death. According to the National Floor Safety Institute (“NFSI”), slip and fall injuries trigger more than one million emergency room visits each year. Fall-related injuries can be serious for anyone, but are especially dangerous for older people and children.

Some common causes of slip and fall or trip and fall accident injuries include:

  • A slip on the floor of a retail store that was left wet after mopping and not properly marked
  • A trip on a loose floorboard, broken sidewalk, or carpet that isn’t properly tacked down
  • A trip on a step or slight change in the level of the floor that isn’t obviously visible
  • A trip on debris left on a floor or walkway
  • Cracked, broken, raised, sunken or mis leveled sidewalks, concrete or pavers
  • Sidewalks, walkways, ramps that are not proper elevation and create trip hazards as they are not constructed to code
  • Inadequate fall protection such as guardrails and safety equipment on construction sites

If you’ve been injured in a slip and fall or trip and fall accident on someone else’s property, whether it be residential or commercial, you may be entitled to compensation for your injuries, medical expenses, lost work time, pain and suffering, and more. A Boca Raton Premises Liability Lawyer like David B. Datny can help.

Negligent Security or Inadequate Security

The owner or occupant controlling an apartment building, retail store, shopping center, mall, movie theater, concert hall or other property may be liable for injuries inflicted by a third party if the harm occurred as the result of negligent or inadequate security. Owners and occupants of property are responsible for providing reasonable security measures to protect guests on its premises especially when they have prior knowledge or information of a particular danger, threat, security risks or if there is history in the area of a particular crime. For example, if a bar is aware that there have been a series of late-night muggings in the area but fails to provide adequate lighting in its parking lot or other security measures, the establishment may be liable to a customer who is attacked walking to a car at the end of the dark parking lot.

Similarly, the management of a residential building advertised as a safe or secure building may be responsible for injuries that occur during a break-in if the security doors weren’t working properly and the management negligently failed to repair them despite knowing they were broken. Due diligence and background investigation into these owners’ policies, procedures and safety practices, as well as their prior knowledge of similar instances of the harm that transpired, are essential to determining if they have fault for a premises accident involving inadequate security. Premises Liability Lawyer David B. Datny will conduct the necessary investigation to determine if an owner or occupant breached its duty of care or violated its own internal policies or procedures, which is an integral part of prosecuting such a claim.

Other Premises Liability Hazards

While slip and fall, and trip and fall, cases are the most common type of premises liability claim, there are other types of hazards that lead to premises liability claims including:

  • Faulty maintenance;
  • Improper construction or repair of floors and stairs;
  • Violation of building codes;
  • Elevator accidents;
  • Escalator accidents;
  • Falling merchandise in stores;
  • Dog bite accidents;
  • Pool accidents;
  • Amusement park ride accidents;
  • Theme park accidents;
  • Hotel accidents;
  • Resort accidents; and
  • Any other negligent or willful actions or omissions of an owner or occupant that results in injury.

For example, the owner of a building with poorly-maintained wiring or inadequate fire protection may be responsible for injuries or deaths sustained in a fire that started or burned out of control as a result. Similarly, the owner of a building without the requisite number of fire exits, or in which those exits are blocked or inadequately marked, may be liable for injuries and deaths that could have been avoided if exits had been accessible and readily identifiable.

Pursuing a Premises Liability Claim

If you have been injured on someone else’s property, residential or commercial, and believe that your injury occurred because the owner or occupant of the property was negligent in one of the manners described above—or failed in some other duty to keep the premises safe—speak with an experienced Premises Liability Attorney like David B. Datny as soon as possible. Mr. Datny has almost a decade of experience litigating premises liability cases on both sides of the isle and understands how insurance companies, corporations, risk managers and defense lawyers, i.e., his former clients and colleagues, evaluate these claims which now allows him to better serve his clients (injured accident victims) and strategically navigate through the claims process.

Let The Datny Law Firm and Boca Raton Premises Liability Attorney David B. Datny fight for your rights and help you achieve the best possible medical recovery for your case, which will lead to the best possible financial outcome. Take the first step right now. Call us anytime at 561-221-7474 or click in the lower right-hand corner to chat right now.

Testimonials
★★★★★
David was great through the entire process of handling my case. A consummate professional and he showed genuine concern for my well being. I have referred friends and family to him for their legal needs. Spiros G.
★★★★★
I have worked with David Datny over the years on a myriad of matters. He is thorough and persistent in getting the best result for his clients. I would not hesitate to refer anyone to him for legal services. Eileen B.
★★★★★
David is friendly, smart and hardworking. He knows how to explain complex legal issues to his clients so they can feel comfortable and secure in his representation of them during what can be a stressful and complicated time. David knows what it takes to achieve the best results for his clients. Matthew P.
★★★★★
I have known and worked with David for five years. He is an insightful and smart lawyer who cares a great deal about his clients. His creative problem solving and attention to detail allows him to settle cases early and resolve complex legal issues at all stages of litigation. With almost a decade of experience dealing with insurance companies and risk managers, David knows how to approach personal injury cases to get the best results with maximum recovery for his clients. Lauren W.
★★★★★
David is personable, intelligent, and beyond diligent in his work ethic and representation of clients throughout Florida. He is always available to answer questions or concerns during the process and is great at communicating with his clients in a thoughtful and clear manner. I highly recommend him as an attorney, specifically in representing plaintiffs in personal injury actions, including trip and fall cases, motor vehicle cases, work-related accidents, construction accidents and more. Allison P.