When it comes to the premises liability lawsuits that take place in South Florida, there are a number of potential clients who will offer a wide range of defenses. The courts are willing to consider a number of different factors in these instances and a personal injury attorney in Florida can help.
There is just one question that needs to be answered in these instances: was the landowner (i.e. the defendant) actually behaving in a negligent manner? The courts are always going to consider a number of different follow up questions when it comes time to make such a determination.
What is the relationship between the two parties? What is the level of duty that is owed between the defendant and the plaintiff? What is the extent of the plaintiff’s injuries and what was the hazard that caused them? Did the defendant know about the hazard? Did they have a fair opportunity to address the issues?
These are all key questions that will be a part of the legal proceedings. This is how a court determines the level of negligence that is taking place. For example, a recent case involved a plaintiff who was injured while leaving a fast food establishment. They tripped and fell over a cement barrier that had been placed in the parking lot.
The suit alleged that the restaurant had not taken it upon themselves to provide diners with a safe parking lot. When the plaintiff was told about the presence of these cement barriers at a variety of locations, they claimed that they were ‘distracted’ at the time. This argument was rejected in a court of law and this decision served to put South Florida residents on notice.
A personal injury attorney in Florida can assist us in a variety of ways but they cannot provide us with assistance when we are at fault for our own injuries. In this particular case, it was determined that the barrier that the plaintiff tripped over was not an actual hazard. This is a lesson that attorneys in Florida are trying their best to impart.
Before a case can be sent off to a jury so that a resolution can be reached, it is up to the client to make sure that they are actually presenting a valid argument. While an attorney can help immensely at times like these, they cannot force a court of law to provide a settlement if no one is actually at fault.
If you are to blame for your own injuries, this is a sure sign that you should not be hiring an attorney. On the other hand, those who can prove that their injuries were caused by an establishment’s negligence should definitely arm themselves with the proper legal representation.