If you are injured at an apartment complex as a result of the property owner’s negligence, you should contact a qualified attorney to discuss your rights. If you suffered an injury as a result of the property owner’s negligence, you may be entitled to compensation for both expenses incurred due to the injury and pain and suffering. Premises liability cases are complex, hence the need for a knowledgeable and qualified personal injury attorney Sarasota.
What Do Courts Consider In Premises Liability Cases?
In a premises liability case, the jury tries to ascertain whether the defendant exercised reasonable care to prevent the accident. The foreseeability of the hazard and the warning given are two key factors that are important to establishing a case.
What Are Common Premises Liability Cases
Some common premises liability issues are:
- Slip and fall accidents
- Lack of security or inadequate security
- Defective conditions on the premises
- Unmarked construction areas
- Defective elevators or escalators
- Unclear walkways and concrete accidents
- Swimming pool accidents
- Dog bites
The Landlord’s Reasonable Duty Of Care Or Responsibility
There are various conditions where the landlord is liable for injuries that occur on their property. The landlord is responsible for keeping the common areas in an apartment complex safe. This includes the parking areas, pool area, walkways, and lobbies.
It’s a property owner’s responsibility to ensure their premises are safe. They should prevent dangerous conditions, and if such conditions exist, they should give warning in advance. For instance, where trenches are being constructed, there should be a barrier that alerts those in the vicinity to be more careful around the specific area. The same is true with slippery floors and other hazards.
The defendant or the property owner should also be in a position to warn of dangerous conditions on their premises even if they are somewhat obvious.
What If You Are Involved In An Injured At an Apartment Complex
- Gather all kinds of communication between you and the landlord regarding the dangerous condition. This may include text messages, phone recordings, emails, and letters.
- Take photo and video evidence clearly showing the accident scene capturing the dangerous condition that caused the accident.
- Ensure you also take statements from witnesses who were around at the time of the accident or who were aware of the dangerous condition.
- Seek treatment and ensure all the documents related to the injuries are kept safe. These include medical records and accrued bills.
- Contact an attorney immediately to preserve your legal rights.
What Can You Be Compensated For?
- Medical bills as a result of the injuries
- Lost wages
- Out of pocket expenses
- Emotional distress, which includes pain, suffering, and a diminished quality of life as a result of the injuries
Property owners need to ensure their premises are safe for tenants and guests. They should also give caution where a hazard is not obvious. Failure to comply with these standards may result in liability. Due to the complex and often evolving nature of these types of scenarios, you should never hesitate to call a qualified attorney to ensure that your legal rights are protected and preserved.