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Premises Liability

Haggard Law Firm > Premises Liability

Serious injuries and even death often result from negligently designed or maintained premises and unsafe environments. When an owner of a property or business invites a member of the public onto his/her premises, as a guest or patron, the owner has a responsibility to keep the premise safe for use.

 

Premises liability refers to a situation where an individual is injured on the property or “premises” owned or maintained by someone else. The property owner or party responsible for maintaining the property may be held legally responsible, or “liable”, for that person’s injuries if the injuries were the result of a dangerous condition that existed on the property.

 

Property owners and businesses have a duty to provide a safe environment for people on their property. If they fail to do so and someone is injured in result, they may be held liable for the injured person’s medical expenses, pain and suffering and lost wages.

 

The Haggard Law Firm has successfully represented families in a wide variety of premises liability cases against private businesses and homes and public institutions, including beatings and muggings in parking lots; injuries on construction sites; accidents in common areas, and slip and fall accidents.

Notable Premises Liability Cases

JANE DOE, ON BEHALF OF A.B., A MINOR CHILD V. XYZ SHOPPING CENTER

$4 Million – Settlement – Premises Liability

Lawsuit was brought on behalf of a minor child who was catastrophically injured as a result of a merchandising hook entering his eye and hitting his brain. As a result of the injury the minor child suffered paresis of the right side of his body. The legal guardian brought suit alleging the hook was placed in as dangerous condition that the defendants were aware of and their negligence was the direct and proximate cause of the minor’s injuries. The minor suffered from permanent cognitive deficiencies as well as permanent physical disabilities in the form of significantly reduced fine motor skills and drop foot. The case settled right before trial for a total of $4 Million

JANE DOE VS SCHOOL ABC

$2 Million – Premises Liability

Jane Doe was a promising young student, doing nothing more than walking to pick up her cousins at school, when she was struck by an out of control car in a parking lot. While trying to park, an elderly driver confused the brake with the accelerator. The car jumped the curve, crossed over the sidewalk alongside the building, and pinned Jane against the wall, killing her almost instantly. Although the driver was clearly partially at fault, we were able to demonstrate that vehicle protective barriers (bollards) were an inexpensive safety device that absolutely would have saved Jane’s life. Through discovery, we demonstrated how common these pedal error cases are, how to guard against them without breaking the bank, and why the Defendant knew of the very risk such accidents caused upon their Premises. While certainly a challenging case to hold the owner of the building responsible for the negligence of a driver, we successfully showed that these barriers existed precisely because cars run into buildings with at an alarming rate, and that such accidents are even likely at certain locations.

JOHN DOE v. X. CORP

$1.875 Million – Settlement – Premises Liability/Construction Accident

While walking through a Miami International Airport parking garage, plaintiff tripped over exposed anchor bolts on the pavement and fell head-first into a concrete barrier. Plaintiff shattered hands and wrists and sustained a severe head injury with mild brain damage.

JOHN DOE V. ABC APARTMENT COMPLEX & JANE DOE DRIVER

$1.875 million

Bicycle Accident/Automobile Accident/Negligent Design of Apartment Parking Lot.t John Doe (a 6-year-old) was riding his bicycle in the ABC Apartment Complex and was stuck by an automobile exiting the complex. As a result of the accident, John Doe suffered orthopedic injuries. The case was brought against the driver for negligence and the apartment complex for negligent design of its parking lot and for failure to have any traffic control devices that would assign the right-of-way.

RODRIGUEZ v. PHOENIX MARINE

$1.75 Million – Settlement – Premises Liability/Fall From Roof

Plaintiff was a 27-year-old tool repairman who sustained a severe head injury when he fell 32 feet from the Defendant’s roof. Plaintiff, who was repairing exterior lights at the time of the fall, alleged that the Defendant failed to provide adequate safety devices.

WAISHULIS v. HOLIDAY ISLE RESORT

$970,000 – Settlement – Premises Liability/Slip and Fall

The plaintiff, while vacationing at the resort, slipped on the steps and fifth-floor. It was discovered that the management and owners of the resort property were aware of a problem of algae and mold growth on the steps, which is what caused the plaintiff to slip on the steps.

LEARD v. “A NATIONAL PHARMACY”

$750,000.00 – Settlement – Premises Liability/Slip and Fall

An elderly woman tripped over the protruding bottom shelf of an aisle end-cap at a drug store. The drug store was in the process of closing and was having a merchandise clearance sale while dismantling shelves and fixtures causing a hazardous condition to its patrons. Due to the fall, our client shattered her left hip and requiring multiple surgeries including a total hip replacement.

SANCHEZ v. ADY’S CONDOMINIUM

$673,000 – Verdict – Premises Liability

Plaintiff, 89, slipped and fell on water at the apartment complex and fractured hip, requiring surgery. Plaintiff required extensive nursing home stay. A jury ruled the defendant 100 percent liable before determining damages in a bifurcated trial.

 **Prospective clients may not obtain similar results. Amounts stated within this website are before deductions for fees, cost of attorneys and third party providers such as medical providers.**