Social visits are more common in winter, not only among friends and relatives, but also among service providers, neighbors, and mere acquaintances. Thus, many people end up injured on someone else’s property while visiting or passing by. Few of them realize that they are victims of someone else’s negligence and need to seek the help of a Middleburg personal injury attorney.
What Events Qualify as a Personal Injury Accident in Middleburg, FL?
Generally, personal injury cases involve injuries resulting from someone else’s negligence. When the accidents occur on someone else’s property, the types of negligence that are usually involved include:
- Insufficient lighting
- Inadequate security measures
- Obstructions to stairways or access ways
- Slippery surfaces
- Improperly maintained or poorly performing furniture and appliances
- Unfenced dangerous areas
Of course, the circumstances of an accident are often subject to interpretation, which is why it helps to consult a Middleburg personal injury attorney. From the very first consultation, attorneys explain the principle of premises liability to their clients.
According to this principle, and under Florida law, property occupiers, managers, or owners have an obligation to keep their property safe and hazard-free. This means when you are invited into someone’s home, they are responsible for:
- Ensuring premises lighting and security
- Repairing sidewalk cracks and holes
- Fencing pools
- Cleaning slippery liquid spills and dangerous substances
- Safely storing and disposing of hazardous materials
Securing dangerous animals
- Preventing access to dangerous machinery
- Warning of any dangers they are unable to eliminate in due time
If the host neglects to fulfill any of these obligations and an accident occurs on their property, they may be liable, and the victim has the right to file a personal injury claim against them and request compensation. Unfortunately, obtaining compensation takes more than proving one as a victim of a personal injury accident in Middleburg, FL.
How a Middleburg Personal Injury Attorney Can Help You Build a Strong Case
The key to building a strong personal injury case after a Middleburg personal injury accident on someone else’s property is to prove that the injuries were preventable, had the property owner, manager, or tenant fulfilled their obligation. The victim needs to prove the other party’s negligence. There are several ways to do this and no one knows them better than an experienced Middleburg personal injury attorney.
The first step is identifying the conditions that led to the injury or injuries. Then, the victim and the attorney will usually focus on showing that the property owner, manager, or occupant could have done something to eliminate those conditions.
For example, if the accident occurred due to poor lighting, the simple replacement of a burnt bulb may have been enough to prevent it. If the victim fell and incurred injuries on a recently washed, wet, and slippery surface, the property owner, manager or tenant could have prevented their injuries by drying the surface, warning them to be careful, or placing a warning sign.
In such cases, the law considers the property owner, manager, or tenant liable for the injuries due to the fact that they were aware or should have been aware of hazardous conditions and did not take adequate measures to eliminate them or warn about their existence.
It should be said that homeowners cannot be liable for injuries trespassers incur, unless they intentionally or recklessly injure the victim or if the victim is a child. When it comes to children, Florida statute 823.08 defines a number of attractive nuisances or items that could draw children passing by and put their health and safety at risk and holds the property owner responsible for any injuries or accidents these may cause.
The outcome of Florida personal injury accident cases often depends on the victim’s’ ability to bring witnesses and evidence to support them. While victims are often prone to subjectivity and do not know the ins and outs of personal injury law, experienced lawyers do.
Besides conducting their own investigations, gathering evidence, and presenting them in court or during the negotiations between the parties, a Florida personal injury attorney can save their clients time and effort and help them quantify their injuries, losses, and related expenses. Their ability to present similar cases with favorable verdicts can often weigh heavily on the outcome of the trial.
Schedule a Consultation with a Florida Personal Injury Attorney
If you or someone you love has suffered injuries on someone else’s property, you need the help of a dedicated, skilled, and experienced Middleburg personal injury attorney like those at John Fagan Accident Lawyers. Contact us now, schedule a FREE consultation, and we will gladly evaluate your Middleburg personal injury accident case and tell you what we can do for you!