Consult Florida Personal Injury Attorneys; Precautions Can Reduce Chances Of Being Sued.
You decide to have a party and invite all your friends. Your want your home to look nice, so you wax the floor. Unfortunately, one of your guests slips and falls and breaks her hip. Are you responsible? The fact is that anytime someone gets hurt on your property because of your negligence, you may be legally responsible. The same holds true when you or your children carelessly or intentionally do things that cause damage to someone else's property. It is therefore advisable to consult an Attorney for injury in Florida.
Most homeowners carry insurance, and the insurance company generally handles any claims against the homeowner, usually hiring an attorney and paying any damages awarded ( up to the limit of the policy), along with the court costs. However, it is no fun being involved in a lawsuit and it can often times be avoided. For your sake, and the sake of your guests or an innocent party, it is far better to prevent the injuries in the first place. Find out what might create a hazard by contacting a professional attorney for personal injury.
Generally, courts hold homeowners responsible only if they are in some way negligent. The law doesn't expect you to guarantee that someone visiting your house will not get hurt. People do trip over their own feet. But, it is the responsibility of the homeowner to take reasonable care to protect people from hazards that the homeowner knows about. The lack of such care is called negligence.
The majority of problems arise when the homeowner fails to maintain the property or creates a condition that may result in an injury. If the hazard cannot be eliminated , signs and barriers should be erected to give people fair warning. Pay particular attention to hazards that may attract and injure children, since they may not be able to read or have the presence of mind to obey the sign or warning.
Here in Florida, many people have swimming pools. The law considers swimming pools and other dangerous places that may appeal to children an "attractive nuisance." Homeowners have a legal duty to erect barriers to protect children from possible harm should they decide to play around a dangerous place on your property.
Another fertile area for possible injuries is dog bites. Florida law specifically states that" The owners of any dog which shall bite any person, while such person is on or in a public place, or lawfully on or in a private place, including the property of the owner of such dog, shall be liable for such damages as may be suffered by persons bitten, regardless of the form or viciousness." The statute goes on to say that if the dog is provoked or if there is a sign displayed in a prominent place indication the words "bad dog," the property owner will not be liable.
There is a great concern over the number of tort cases filed. Although it may seem as though there is a potential claim or lawsuit everywhere, reasonable behavior is all that is generally required. For example, if you run a business that is frequented by people of all ages and people with poor eyesight and there is a large crack in the sidewalk, fix it. You might want to check with a Florida personal injury attorney to play it safe. It will not only be more attractive, but safer. People don't seem to realize that the number of negligence claims directly reflect the number of preventable injuries to innocent victims. It is therefore advisable for you to consult a personal injury lawyers in florida as soon as possible.
Whether it is concern for the safety of others, or concern over being sued, phrases like "defensive medicine, defensible care" should not offend anyone if the end result keeps people healthy. To be sure, claims and lawsuits will always exist, but if more people focus their energies to injury prevention, the number of claims will decrease. What is offensive about a "lawsuit crisis" is that it is necessary to illustrate the plight of the injured and motivate people to do something about it.