May 22, 2017
Can a Slip and Fall Attorney in Miami Pursue Property Owners for Tenant Injuries?
Many tenants have been in the wrong situation with a property owner. Maybe they accidentally broke something, or something else went wrong on their end. What happens when it goes the other way? Sometimes, tenants of both residential and office buildings can get hurt in a slip and fall. If it can be traced back to carelessness by the owner or someone from a management company, there may be a viable claim.
From broken stairs to insecure balcony railings, property owners don’t always keep things up the way they should. Sometimes, this is discovered during an inspection. Other times, it’s reported by concerned tenants or agents touring during a sale.
Whatever the case, a property owner isn’t always on the property. They’re generally expected to check over the property between tenants. Property owners should also respond quickly to any concerns raised by tenants. If they create a significant hazard or make the property unlivable, the property owner is expected to update the property.
Property Owners Should Take Reasonable Steps to Protect Others
What kind of expectations do renters and others have going in? The first question to ask is why the injured party was there. If you’re visiting someone, you would likely be welcome based on other stipulations. In an office building, you might be expected to be out of office during certain hours. In a home, someone could be expected to be there 24/7.
The next question is if the property owner took reasonable precautions. Many modern property owners contract with a management company to take the stress out of the process. Once a tenant alerts them to a problem, they should respond and investigate the problem in a timely manner. This means letting the tenant know when they’ll be coming by. Florida typically requires reasonable notice before entering a property. If a professional is needed, they should arrive within a standard response time based on the severity of the problem. Professionals would respond more quickly to a busted water supply line than a broken fan.
Finally, the law also considers if the plaintiff acted reasonably. Once they were aware of a problem, did they take reasonable precautions to avoid injury? If they found evidence of weak flooring, did they take steps to avoid injuries in the area? A slip and fall attorney in Miami can assess all these factors going in.
A Slip and Fall Attorney in Miami Can Set Reasonable Expectations
When you talk to a slip and fall attorney in Miami, please keep in mind that the claims process can be longer than expected. The first step is to assess things like your reasons for being on the property and the extent of injuries. Lawyers also look at your case for potential arguments by the defense claiming comparative negligence. Did the property owner act reasonably regardless of the severity of the injuries or other factors? Did the plaintiff act unreasonably and contribute to his/her own injuries?
The second major factor a slip and fall attorney looks at before taking a case is the value. If you sprained your ankle, your claim might not be worth pursuing. With all this information, attorneys can explain reasonable expectations. If the property insurance company has already offered a settlement, we can also help you determine if it is a fair and just amount under the circumstances.
Find a Slip and Fall Attorney in Miami Who Can Handle Your Case
Nunez Law handles cases personal injury cases regularly. We see a range of cases in our office, so no matter where in South Florida your accident happens, a personal injury attorney can help you sort out the details and get the claim on the right track. If you think you might have a personal injury case, always come to Nunez Law for a free consultation. Let us help you move forward confidently and avoid wasting time on tasks that do not help move your case. For more information and help, click here and schedule your free consultation.