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Determining Negligence of a Business/Property Owner

Most people who suffer a trip and fall injury in Hollywood hurt no more than their pride. For some people, however, this seemingly simple accident can cause fractures, head trauma, and other serious injuries. In these cases, it is important to determine whether there are liable parties in the case.

The attorneys at Flaxman Law Group have successfully recovered more than $100 million for people who have been injured in trip and fall injuries. Through our offices in Hollywood, Homestead, and Miami, we have resolved thousands of cases with court wins or settlements. If you think you may have a claim, give us a call at 866-352-9626. We can offer a free, no obligation consultation with our legal team.

Examples of Property Owner Negligence

There are many instances where a property owner may have been negligent:

  • A property may see excessive car traffic to their business but may fail to address that issue, leading to uneven driveway surfaces or potholes
  • An uneven surface of the sidewalk may not be marked by signs or repaired, even though a property owner should be able to spot the danger
  • A property owner has a tree felled, and the falling tree or upraised roots cause an uneven walkway
  • A sidewalk or pathway may be missing pavers or stones and this issue might go unaddressed
  • A property owner may incorrectly repair cracks or holes in walkways, leading to an even more dangerous surface
  • Tools or building materials may be placed on walkways during a construction project, causing obstructions and tripping hazards for visitors
  • A utility cap or gas cap may stick out of the sidewalk and a property owner may fail to warn visitors or may fail to have the issue fixed
  • Weeds, trees, or other plants may be allowed to grow over pathways, causing an obstruction

In all of these cases, someone who is injured as a result of these situations may have a premises liability claim against the property owner. Even in cases where the cause of a trip and fall accident is not clear, it can be a good idea to contact a personal injury attorney. A qualified attorney can launch an investigation to identify the causes of a fall and to find all liable parties.

How an Attorney Can Determine Liability

It is not enough to simply believe that a business owner or property owner was negligent. In a trip and fall case, the plaintiff or their attorney must be able to show that a property owner knew or should have known about a danger and failed to remove that danger. The plaintiff or their attorney must also show that this negligence led directly to the plaintiff’s injury. A skilled personal injury attorney can determine and prove negligence of business owners and property owners by:

  • Submitting photographs of poor maintenance on a property
  • Interviewing employees, witnesses, and visitors about inadequate maintenance or repairs
  • Subpoenaing records from a business to show that a business owner was warned about a hazard
  • Hiring an investigator to determine whether the property owner has been negligent before
  • Working with engineers to determine and show that poor construction or design issues may have contributed to the trip and fall accident

Do you want to speak to a personal injury attorney today? If you would like to know whether you have a claim, contact Flaxman Law Group to schedule a free, no commitment consultation to review your legal situation with a member of our legal team. Our attorneys in Hollywood, Homestead, and Miami would be pleased to help you understand whether you have a claim.

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