Uneven Pavement

If you have been hurt in a slip and fall on uneven pavement, you may need the services of a legal professional who can advocate for your rights. The Pembroke Pines premises liability lawyers at Cohn & Smith can provide knowledgeable counsel to many accident victims. We have handled many personal injury and wrongful death lawsuits throughout South Florida.

Property owners, including those who own restaurants, grocery stores, and other businesses, are expected to maintain their premises in a safe manner. If you have tripped and fallen on uneven pavement in a parking lot or on a sidewalk, this could be evidence that the property owner acted carelessly with regard to its customers’ safety.

Lawsuits involving injuries on the premises of another person or entity are called premises liability lawsuits, but they are covered under a larger area of the law known as negligence. There are four components to any negligence case:  duty, breach of duty, causation, and damages. The burden of proof is on the plaintiff to prove each element of negligence by a preponderance of the evidence.

The particular duty owed to a visitor on the property depends in part upon the reason that he or she was there. The law imposes a higher duty on property owners with regard to those who come onto the premises for a business purpose, such as shopping in a store or eating at a restaurant. These individuals are called “invitees.” A property owner has a duty to keep its premises in a safe condition for invitees, including making regular inspections to check for latent defects. If a plaintiff can show that that the property owner either knew, or in the exercise of reasonable diligence should have known, about the defective condition that led to the injury, the first two elements of negligence likely can be met.

Once it has been shown that the defendant had a duty of care towards the victim and that the defendant breached this duty, the plaintiff must then show that he or she was hurt and sustained actual damages as a result. Types of damages for which a plaintiff may seek monetary compensation commonly include medical expenses, lost wages, and pain and suffering.

In some situations, a property owner will seek a reduction in the amount of damages on the basis of the victim’s alleged comparative fault. If the defendant can prove that the plaintiff was partially at fault for causing the accident, the damages award may be reduced in proportion to his or her degree of fault.

The Florida statute of limitations restricts the time during which an injured person may file suit to seek compensation from a negligent property owner. Moreover, accident cases are often susceptible to spoliation of evidence, such as a change in the appearance of the scene. For these and other reasons, it is advisable to contact a skilled slip and fall attorney in the Pembroke Pines area if you or a loved one has been hurt in an accident resulting from uneven pavement.  To schedule a free initial consultation with an attorney concerning your case, call Cohn & Smith at (954) 431-8100 or contact us online. We serve injured individuals in many South Florida cities, including Pembroke Pines, Hollywood, Davie, Weston, Sunrise, and North Dade County.