Zarzaur Law, P.A. TV: What Is Premises Liability and Who Is at Fault?

Описание: Attorney Joe Zarzaur defines premises liability cases. Many premises liability cases are commonly referred to as slip and falls or trip and falls. I don't really like to refer to them that way because it seems to minimize the impact of the case.

WHO IS LIABLE FOR AN ACCIDENT ON SOMEONE ELSE'S PROPERTY?
Just because you are injured on somebody else's property does not make the property owner or the manager of the property liar, you must prove and provide notice to the property owner or the management company that they have a defect in the premises, or you have to prove that they were negligent in maintaining the premise and that the negligence or that failure to note, or correct the defect actually caused you to be injured.

I think the important thing to know about premises liability cases, at least for our firm, is we don't take them unless there is a severe injury.

DOCTRINE OF COMPARATIVE NEGLIGENCE
In every legal scenario in Florida, where you file a lawsuit as an injured plaintiff, the other side has the right to argue that your negligence contributed to your injury. That's called the doctrine of comparative negligence: where you compare the negligence of each party and the jury decides at some point, if you, if it goes that far, who's more at fault.

PURE COMPARATIVE NEGLIGENCE
Florida has a pure comparative negligence statute, which allows the injured party to collect damages that are proportional to their percentage of fault. The impact of that allocation of fault means that whatever number you able to recover from a jury will be split proportionally by the allocation of the fault. So, if you were 50% of fault and the defendant property owner is 50% at fault, the judge looks at the verdict form and says, oh, Mr. Plaintiff, you are 50% at fault for this. The jury said this, therefore, that $100,000 awarded becomes $50,000. And if your lawyer has spent $20,000 to prove your case and is then going to charge a 40% fee, you’re not left with a whole lot of money, if any.

IS IT A SERIOUS PERMANENT INJURY?
The reason we (Zarzaur Law, PA) don't think that most premises liability cases are worth pursuing is that many times those cases don't involve series serious permanent injuries.

So, it's important that you have definitive answers on the medical side before making that decision, but if it ends up being one of those situations where you're not that injured, it might not be in your best interest to even have a lawyer.

THE CHECKLIST
The important thing to remember is they're not automatically responsible. If it happens on somebody's property, it's still your job to prove it. We tend to tell clients when you're injured in these situations, there's a checklist of things you should do.

Get Pictures - You want to get pictures of the hazard as it exists on the day and fell, or as close in time as you can.

Witnesses - You want to get witness names who saw the hazard besides you and your family members. Those are important things because we're going to have to prove that that defective condition existed when you fell and was the cause of your fall. If you have questions about, oh, and keep in mind, for instance, liability also involves other types of situations, a negligence, security situation.

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Joe Zarzaur, founder of Zarzaur Law, P.A., a Pensacola Personal Injury law firm, has created this video blog in an effort to educate the many citizens and visitors of Pensacola, Florida about their legal rights. Joe Zarzaur knows the ins and outs of Florida law, and offers quality legal help whether you have experienced an auto accident/car wreck, have been a victim of medical malpractice or are in need of a personal injury attorney.

For more information, visit: https://www.zarzaurlaw.com​​​​
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