The general rule in Florida is that property owners or possessors of real property in Florida do not have a duty to maintain or repair the sidewalks next to their property. This general rule even includes cases where there’s a municipal ordinance in place that requires the landowner to maintain the sidewalks adjacent to their property. Additionally, land owners and possessors are not liable for the subterranean growth from trees or other natural matter that grows underneath their adjacent sidewalks.
The aggressive trip & fall lawyers at Payer & Associates have represented individuals and their families who have been the victims of trip and fall cases involving poorly maintained or designed walk ways in Miami and Fort Lauderdale for the past 20 years and have the knowledge and experience necessary prove their case and get their clients and loved ones the financial compensation they deserve.
What Should You do When Seriously Injured in Trip and Fall Accident in Miami
The property owner or possessor of property in Florida have a legal responsibility or duty to maintain a reasonably safe ingress and egress for their business invitees, i.e. a reasonably safe way for people to get in and out of their businesses. This means that a property owner and/or possessor does have a legal duty to create and maintain a reasonably safe way for their business invitees to enter and exit their property and businesses on this property.
A Florida court has even held that a property owner may be held liable for the negligent design of an entrance way into their business because it may cause vehicular traffic to become congested on an adjacent roadway thereby proving to be a reasonably foreseeable dangerous condition that could cause an accident with personal injuries.
A “business invitee” is defined as someone who enters onto someone’s property for purposes connected with the business(es) of the owner or occupier. For example, a customer who enters a particular property in South Florida to enter a store or restaurant located on the property.
In order to make the determination of a business invitee Florida Courts use the “invitation test.” The “invitation test” provides that someone is a business invitee if:
- An invitee is either a public invitee or a business visitor.
- A public invitee is a person who is invited to enter or remain on the property as a member of the public for a purpose for which the property is held open to the public.
- A business visitor invitee is a person who is invited to enter or remain on the property for a purpose directly or indirectly connected to the business dealings or the owner or possessor of the land.
Call Our Miami Trip & Fall Lawyers Today
The aggressive and experienced attorneys at Payer & Associates are here to help injury victims of trip and fall accidents in South Florida 24 hours a day 7 days a week. If you or a loved one has been injured in a trip and fall accident in Miami, contact Payer & Associates today for your free confidential initial consultation with one of our attorneys.