Dangerous and defective conditions can lead to significant injuries, especially when victims are elderly or children. The Port St. Lucie lawyers at Donaldson & Weston offer seasoned and knowledgeable legal guidance for people who have been harmed due to someone else’s negligence.
Port St. Lucie Attorneys Representing Victims in Premises Liability Claims
When a property contains a defective condition, serious accidents and injuries can result. Visitors are often unaware of the dangers present on someone else’s premises, and therefore they may not be able to take proper care in avoiding them. Defective property conditions, such as uneven surfaces, leaks causing pooled liquids, and other hazards, can lead to severe slip and fall accidents. The Port St. Lucie premises liability lawyers at Donaldson & Weston are committed to making sure that parties responsible for injuries sustained on their property are held legally liable. Victims injured by a defective property condition may face long recovery times and even permanent disabilities. Our firm assists these victims in pursuing legal action to ensure that they have the financial support that they need to cope with the consequences of their injuries. If you or a loved one has been injured due to a defective condition while visiting another party’s property, contact our office today to learn more about how we can help.
Defective and Dangerous Property Conditions
A defective property condition can create a hazard anywhere, from office buildings and parking garages to sidewalks or someone’s residence. There are also many different types of defective conditions, as well as people or entities that can be held responsible for the harm that they cause. Some common defects include:
- Construction defects, such as improper roof, stairwell, or balcony design, as well as plumbing issues, foundational cracks, and mechanical defects.
- Uneven pavement, sidewalks, or other floor surfaces.
- Overgrown or raised tree roots.
- Swimming pool defects, such as a lack of proper fencing or coverings.
- Elevator or escalator failures.
- Inadequate security.
- Broken or chipped stairs.
Regardless of whether a defective condition exists at a commercial retail store, at a home, or on public property, owners are usually liable for dangerous hazards that they allow on their premises.
Liability for Injuries Caused by Defective Conditions
Property owners are legally obligated to maintain safe environments for visitors. This means that properties should not pose an unreasonable risk of harm because of any design or construction defect. If a visitor is injured by a defective property condition, an attorney can help them seek compensation by filing a premises liability claim. In order to prevail in these lawsuits, victims must establish that the condition that led to their harm was unreasonably dangerous or defective and that the owner or occupier of the property knew or should have known of the danger. A victim must also show that the responsible party was given a reasonable amount of time to repair the hazard or warn of its existence before the accident occurred. There must also be a causal link between the dangerous condition and the victim’s injuries.
Visitors also have a duty to act in a reasonable manner to avoid causing foreseeable harm to themselves when entering another party’s property. For example, if someone is leaning against a handrail that looks clearly decrepit, they could be found partially at fault. Florida is a pure comparative negligence state, which means that claims are not barred if a victim has contributed to causing their own injuries. Courts instead award damages amounts in proportion to each party’s degree of fault. Often, victims can receive compensation for medical costs, lost earning capacity, loss of income, and pain and suffering.