When to File a Premises Liability Claim After an Accident
One of the most common questions that premises liability attorneys in Miami hear is when should a premises liability lawsuit be filed. Premises liability cases are complex in that the plaintiff is required to prove notice of the condition that caused their accident before they are awarded damages.
The law recognizes three different types of ntoice that a plaintiff must prove in a premises liabiliy case: actual, constructive and inquiry.
- Actual notice is where the landowner created the condition that caused the plaintiff to slip and fall.
- Constructive notice is where the landowner knew or should have known of the condition and failed to address it.
- Inquiry notice is where the landowner should have inquired about the condition but failed to do so, resulting in the happening of the accident.
Furthermore, the status of the plaintiff on the property the time of the accident is relevant. If the plaintiff is an “invitee” of the landowner, they are owed a duty of care from the landowner. This status often arises where the plaintiff is parking in a parking lot and slips and falls on their way into the landowner’s establishment such as in shopping malls, restaurants and places where people park their car and walk through the parking lot into the establishment.
A personal injury case sounding in premises liability should be filed if the plaintiff was caused to slip and fall on a condition that the landowner either created, should have known existed based upon the circumstances or had a duty to inquire about prior to the happening of the accident. If the plaintiff has witnesses and has sustained injuries that are closely connected to the happening of the accident, a personal injury lawsuit should be filed.
The attorneys at Buchalter Hoffman & Dorchak are the premises liability attorneys in Miami of choice for plaintiffs who have been in a slip and fall accident. If you have sustained an injury as a result of a slip and fall or trip and fall accident, you may have a valid premises liability case.
Contact the attorneys at Buchalter Hoffman & Dorchak today to schedule your initial consultation so that you may begin on the road to recovery for the personal injuries you sustained as a result of your slip and fall accident today.