Defective Property Condition

This Fort Lauderdale Defective Property Condition Lawyer can assist you if you’ve been injured on the property of somebody else. If you’ve been injured on the property of another person or entity due to the fault of the other person or entity, you may be able to pursue a premises liability case.

However, in that situation, you must be able to prove that your injury was caused by the fault of the other person or entity. That is, if you go on somebody else’s property and you are injured due to your own fault or due to a simple accident caused by nobody’s fault, you will not be able to pursue a case. You cannot pursue a premises liability case simply because you were injured on somebody else’s property. You must be able to show that your accident and your injuries were caused by somebody else’s negligence.

One way you can prove that your accident and injuries were caused by another person or entity is by showing that there was a dangerous condition on the property of the other person or entity. There are all sorts of defective property conditions. These may include liquid/fluid (water, soda, juice, coffee, beer, etc.) on the floor/ground of a property. They may also include physical objects lying on the floor/ground of a property.

Overly “slick” or slippery flooring may also cause slip and fall accidents.

Finally, dangerous conditions on the property of another person or entity may include structural defects on the property. There are many types of structural property defects. These may include steps on stairs of improper heights. Stairs or steps without handrails may also cause catastrophic falls. Similarly, slanted flooring may cause a person to fall.

Improper, poor, inadequate, defective or lack of lighting can also cause falls. Painted floors may likewise cause a person to mis-perceive and experience a fall.

“Step-downs” or changes in elevation can also cause a person to experience a trip-and-fall and be badly injured.

Structural property defects may also include walls that aren’t structurally sound and collapse on people, causing injuries. Defective walls may also fail to protect people by not preventing the spread of carbon monoxide gas from vehicles. Such carbon monoxide gas may cause catastrophic injuries or even death.

Leaking roofs or ceilings can represent structural defects. Water that leaks on a floor, for example, can cause slip and fall accidents.

Roofs or ceilings that collapse or fall on people can also cause catastrophic injuries.

Holes in grounds and defective flooring can also represent structural property defects.

If your fall was caused by a structural problem in the property where you fell, Mr. Quackenbush may hire an engineer or building code expert to examine the property where you fell and attempt to determine if the property was or wasn’t “up-to-code.” If the property wasn’t up to code, then you may be able to pursue a premises liability case against the owner of the property.

If you are injured due to a structural defect on another person or entity’s property, the defense may argue the “Slavin Doctrine.” The Slavin Doctrine applies in a situation in which a contractor builds a property (e.g., a building or home) for an owner and then turns the property over to the owner. If the contractor builds the property defectively and then turns the property over to the owner, the defective condition may later cause your injuries. However, pursuant to the Slavin Doctrine, the contractor may argue that it is relieved of liability for your injuries when it turns the property over to the property owner and it is accepted by the owner. Nevertheless, this will typically only be true if the defective condition was a “patent” (or obvious) condition. If the defect was something that was “latent” or hidden, then the contractor will still be liable because there would have been no way for the property owner to detect it. If the condition is determined to be patent and the contractor is relieved of responsibility, then the property owner will still be responsible.

If you experienced a fall on the property of somebody else, you will need to prove that the property owner had notice of the dangerous condition. That is, you are not automatically able to successfully pursue a case against the property owner simply because you were hurt as a result of a dangerous condition on the property. In fact, you are only able to successfully pursue a case if the property owner had notice of the dangerous condition and an opportunity to fix it.

For example, if you slip & fall on liquid in a store, you will only be able to successfully pursue a case if you can prove that the store owner knew of, or should have known of, the existence of the liquid on the floor. After all, if another customer had just spilled the liquid in the store 30 seconds before the fall, it would be unfair to hold the store accountable since it never had a chance to clean up the spill!

In order to prove your case, you will have to prove that the owner of the property where you were injured had either “actual” or “constructive” notice of the dangerous condition. If the property owner (or one of his, her, or its employees) created the dangerous condition that caused your injury, then you will be able to prove constructive notice on the part of the property owner.

On the other hand, in order to prove constructive notice, you will need to prove that the dangerous condition existed for long enough that the property owner should have known about it. This can be proved by circumstantial evidence. For example, if liquid on the floor of a property was dirty or had tracks in it, this could be argued as evidence that it had been there long enough that the property owner should have known about it.

Finally, if you are injured on the property of somebody else due to a defective condition, frequently the defense will argue that the defective condition was “open and obvious.” That is, the defense will argue that there was nothing hidden about the dangerous condition and that you should have seen it. In other words, if you had been paying attention, you would have noticed the dangerous condition and avoided it, thus preventing your injuries. This is referred to as “comparative negligence.” That is, if a Judge and Jury agrees that you were negligent yourself by not noticing the dangerous condition, you will be said to have been “comparatively negligent.” You can be comparatively negligent even if the property owner where you were injured caused the dangerous condition.

In that scenario, the Jury in the Trial of your case will be asked to decide percentages of fault. That is, the Jury could say that the property owner was 90% responsible for your injuries by creating or allowing the dangerous condition to remain on the property and that you were 10% responsible for not noticing and avoiding it. Or the Jury could divide up responsibility 50%/50%, etc. Ultimately, the Jury can divide the percentages of fault however it wants.

For a free, no obligation consultation anytime, contact Mr. Quackenbush at 954-448-7288 if you’ve been injured due to a defective property condition in Miami, Miami-Dade County, West Palm Beach, Palm Beach County, or anyplace in South Florida or around the State of Florida. He can give you the advice you need.

Mr. Quackenbush won’t charge you a dime until a recovery is made in your case, so there is no risk to you. This is referred to as contingency.

Mr. Quackenbush always works on a contingency basis, which means that he won’t charge you a dime until your case is finished. So, there is no risk to you.

Call Mr. Quackenbush if you’ve sustained an injury due to a dangerous condition occurring anyplace in Florida, including Miami-Dade County, Miami, Palm Beach County, West Palm Beach, or anyplace in South Florida or around the State of Florida. Mr. Quackenbush handles cases all over Broward County – including Coral Springs, Davie, Deerfield Beach, Hollywood, Miramar, Pembroke Pines, Plantation, Pompano Beach, and Sunrise. You can reach Mr. Quackenbush at 954-448-7288, and he will give you a free, no obligation consultation.