Premises and Product Liability for the Holidays in Florida

 Posted on December 09, 2024 in Personal Injury

Even in Florida’s temperate climate, the winter holiday season is upon us. From selecting the perfect gift to planning and preparing for holiday gatherings, the tasks can seem endless. As elsewhere across the nation, accidents can occur and you may find yourself with grounds for seeking compensation.

What is product liability? When does premises liability apply to my case? A knowledgeable Fort Lauderdale, FL attorney from The Law Offices of John D. Ameen, P.A. is available 24/7 to discuss your situation.

Understanding Product Liability

Unlike most personal injury claims, product liability cases are usually based on strict liability. Designers, manufacturers, and marketers are legally obligated to provide safe products to consumers. Product defects might be:

• Inadequate instructions, labels, or warnings

• Design flaws

• Imperfections caused by the manufacturing process

For example, children often receive new toys during the holiday season, and choking or suffocation risks are common defects. Pre-packed foods may be tainted, causing food poisoning or other illnesses. If you or your child are injured by a defective product, your compensation could include medical treatment costs, property damage, lost income, and pain and suffering.

Although you do not necessarily have to establish negligence, you must prove that the defective product is what caused your injuries. An experienced lawyer from The Law Offices of John D. Ameen, P.A. understands the types of evidence you need and how to preserve them.

How Premises Liability Can Interrupt Your Holiday

The owner or occupier of a property is legally responsible for maintaining safe premises. The responsible party who is liable for your injuries could be a homeowner, retail store, restaurant, government building, or entertainment venue. When you legally venture onto someone else’s property and are injured, premises liability may apply. Common premises liability cases include:

• Slip and fall accidents

• Dog attacks and bites

• Food poisoning or allergic reactions

• Assaults or similar criminal activity

Several proofs are required in valid premises liability cases, such as evidence showing that:

• You were not trespassing or engaged in criminal behavior at the time of your incident. Young children may not be considered trespassers.

• The party responsible for the premises was aware or should reasonably have been aware of the hazardous condition that caused or contributed to your incident.

• That party had sufficient time to address the hazard but did not do so adequately.

• The hazard was the direct cause of your incident, injuries, and damages.

Dangerous conditions commonly leading to premises liability cases include insufficient lighting, inadequate security, failure to follow safe food handling standards, loose or uneven walking surfaces, and broken flooring or pavement. Injuries can range from minor to severe, such as cuts and bruises, broken bones, head and brain injuries, and spinal cord damage.

Premises liability claims can be challenging, but The Law Offices of John D. Ameen, P.A. will fight to ensure the best possible outcome for your case.

Discuss Your Case With Our Skilled Fort Lauderdale, FL Product Liability Lawyers

When accidents and injuries disrupt your holiday cheer, The Law Offices of John D. Ameen, P.A. can handle your personal injury case. You will not pay fees if you do not recover damages, so call 800-555-4011 or contact us online today to arrange for a complimentary case review with one of our dedicated Broward County, FL premises liability attorneys.