Premises Liability: More Than Slips And Falls
Brian O Sutter
Personal Injury
The laws regarding premises liabilities often get a bad reputation thanks to how some people choose to abuse the system for their own benefit. Often called “slip and fall” laws, some individuals will intentionally slip on a wet or icy section of a sidewalk, make up a significant injury to get a doctor’s report, and then sue the homeowner or business nearest to the sidewalk for medical and emotional damages.However, despite this abuse, homeowners and businesses are still responsible for unsafe conditions on their premises, particularly if these conditions are known and not addressed. What follows is a list of just a few very real, very dangerous premises liability issues that may bring on personal injury or even wrongful death lawsuits.
Swimming Pools
Drowning is a very real danger inherent to any significant body of water, including swimming pools. Public beaches and pools have lifeguards on duty whenever they’re in use, and while homeowners aren’t required to hire a professional to watch them go swimming, they do have to maintain certain safety standards.
By Florida statute, every swimming pool located on a private residence needs to be enclosed by a fence or wall, equipped with a safety pool cover, or else all the doors that lead to the pool need an exit alarm or a self-closing mechanism. To build or maintain a pool without at least one of these safety features is negligent and a second-degree misdemeanor. In addition, a homeowner should at least be aware of when guests are using his or her pool, as he or she has a responsibility to at least try to prevent drownings on his or her property.
Construction Sites
Areas under construction are well known for being unsafe. Dangerous machines, heavy materials, large and uneven pits, and long drops without safety rails are just a few of the regular hazards on construction sites. The workers themselves receive training and are covered by workers’ compensation, but the site operator also has an obligation to keep the public out with fences and signs that clearly communicate the danger.
Even with these safeguards in place, if an accident happens and a piece of debris manages to fly past the fence and strike a bystander, the individuals, companies, and property owners involved may be held liable for medical damages.
Unsafe Stores
Most stores provide a perfectly safe environment for their customers, but the only way to do this is by actively watching out for health and safety hazards.
Shelves and displays, for instance, should be sturdy enough to accept the weight of their contents without tipping over from anything less than an intentional shove, and being even sturdier is even better. Stores should have employees on hand who can perform potentially dangerous tasks like climbing a ladder to reach certain products or moving heavy items. They should also make sure that any baskets or carts provided for customer use are in good condition, because if they should break under a heavy load the falling weight might significantly damage a person’s foot.
Premises liability is a very serious matter of both public and private safety, and the personal injury lawyers of All Injuries Law Firm are prepared to treat your case with the gravity it deserves. If you live, work, or were injured in southwest Florida, particularly in or around Port Charlotte, Fort Meyers, or Englewood, then contact us today for a free consultation to find out just how much compensation you may be owed.