Premises Liability and Lack of Warning Signs
Slip and fall accidents are a leading cause of personal injury and financial loss each year. Many of these accidents could have been prevented had a simple warning sign been in place. If the lack of a warning sign contributed to an accident, injury victims should consider filing a premises liability claim.
Premises liability holds private and commercial property owners accountable for maintaining the safety of their establishments. Lawyers at Chanfrau & Chanfrau work with injury victims in Daytona Beach, FL, Palm Coast, FL, and surrounding areas to pursue compensation for damages related to premises liability and lack of warning signs.
What Is Premises Liability?
Premises liability is a legal precedent that holds property owners responsible for maintaining a safe environment for invited guests. These laws essentially state that property owners must address any known hazards as soon as possible. If hazards cannot be addressed immediately, owners should use proper signs to alert visitors that the hazard is there, so that accidents can be avoided.
Property owners should understand that, even if they were unaware of a hazard, they may still be held liable if it causes an accident. Property owners can be held responsible for unknown hazards if it can be shown that they should have reasonably been aware of the problem.
When Should Warning Signs Be Placed?
Warning signs are typically placed to alert people of wet or slippery surfaces. A wet floor sign should be placed if there is a spill, or if inclement weather has caused water, slush, or ice, to create slippery conditions. While a wet floor is the most common reason to place a warning sign, individuals should be alerted to other hazards as well, such as cracks or potholes, torn or lifted carpet, or broken steps or handrails.
Proving Premises Liability Claims
As with any type of civil lawsuit, there are certain factors that must be established to prove a premises liability claim. The burden of proof falls on the plaintiff. They must gather evidence to demonstrate that:
- The plaintiff was an invited guest to the property (or was on the property legally).
- The property owner knew (or should have known) about the hazard.
- The property owner knew (or should have known) that the hazard could pose a threat to others.
- The property owner failed to correct the hazard or use warning signs to alert people of the danger.
- The hazard caused an accident that resulted in physical and/or financial damages for the plaintiff.
Damages in a Premises Liability Case
If a property owner is found liable for a premises liability accident, they may be held accountable for the economic and non-economic damages related to the accident. Depending on the type of losses suffered by our Daytona Beach clients, they may be due compensation for:
- Medical expenses
- Cost of ongoing therapy and/or rehabilitation
- Lost wages and/or loss of wage earning potential
- Pain and suffering
Contact Our Practice
If you were injured in an accident that could have been prevented by an adequate warning sign, you may be due financial compensation for your losses. The premises liability lawyers at Chanfrau & Chanfrau would be happy to help you consider your legal options. To schedule a personal consultation, contact our law firm online, or call (386) 258-7313.