Slip and Fall Injury Lawyers

Erik G. Abrahamson
Injury Attorney
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Automobile Accidents
Bicycle Accidents
Motorcycle Accidents
Medical Malpractice
Animal Bites
Nursing Home Abuse
Premises Liability
Product Liability
Slip and Falls


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The owner of property owes a duty of reasonable care to prevent injury to a person whose presence is known to the landowner and the injury is caused by the active conduct or the landowner. This duty is changed when the injury was caused by a defect in or a dangerous condition of the premises itself. In these cases, the status of the person on the premises determines the duty of care owed by the possessor of the premises.
When a person on the premises of another is injured as a result of a defect of the premises, the injured person falls into one of several categories. The include 1) Trespassers 2) Licensees and 3) Invitees. These designations are irrelevant if the injury is not caused by a condition of the premises but as a result of misconduct of the owner.
A "trespasser" is an individual who goes on property without the permission of the landowner or without some other right to be on the property. In this case, the entry is for the trespasser's own purpose or convenience and not for the benefit of the landowner. In this case, the landowner has a duty to refrain from willfully and wantonly causing injury to an undiscovered trespasser. If the landowner discovers the trespasser, the owner's duty to the trespasser increases. In addition to a duty to refrain from willfully and wantonly causing injury, the owner has a duty to warn a "discovered trespasser" of known dangers that are not immediately obvious.
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An "uninvited licensee" is a person who is privileged to enter the property of another for the purposes of convenience, pleasure or benefit. A licensee may enter the premises when the owner has given permission to do so and this distinguishes the licensee from the trespasser. The duty owed by the licensee is essentially the same as that owed to a discovered trespasser. The landowner must warn the licensee of a defect or condition known to the landowner to be dangerous when the danger is not open to ordinary observation by the licensee.
An "invitee" or "invited licensee" involves a situation where the owner or occupier of the land has led the visitor to believe that the premises are intended to be used for the purpose for which the visitor has in fact entered the establishment, and that such a purpose was contemplated and encouraged by the occupier in the design or arrangement of the premises. The duty of care owed to this class of persons is such that the possessor of the premises 1) must use ordinary care in a) keeping the premises in a reasonably safe condition and b) correcting dangerous conditions of which the owner knows or should reasonably know, and 2) must give timely notice of hidden or concealed perils that are known or should be known to the owner, but that are not known to the person on the premises. The owner or occupier of the premises must act as a reasonably prudent person would in maintaining the premises in a safe condition. The owner or occupier must undertake reasonable steps to repair any dangers of which the owner has actual or constructive knowledge.
A child who is injured while trespassing may still bring a suit against the landowner if the injury is caused by an artificial condition on the land and all of the following conditions are met: 1) The place where the condition exists is one on which the possessor knows or has reason to know that children are likely to trespass 2) The condition is one which the possessor knows or has reason to know and which he or she realizes or should realize will involve an unreasonable risk of death or serious bodily harm to children 3) The children, because of their young age, do not discover the condition or realize the risk involved in intermeddling with it or coming into an area made dangerous by it 4) The utility to the possessor of maintaining the condition and the burden of eliminating the danger are slight as compared with the risk to children involved 5) The possessor fails to exercise reasonable care to eliminate the danger or otherwise protect the children. Swimming pools are an example where this doctrine may come into play.
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Abrahamson, Uiterwyk &
Barnes has multiple firm locations throughout Pinellas and Pasco Counties where we can meet clients with appointments.
We also have firm representatives which can meet you at your office, home or
hospital room.
Abrahamson, Uiterwyk & Barnes practices
personal injury law throughout the
State of Florida with
our main offices in Clearwater and Tampa. Our clients reside throughout the
western and central areas of Florida. We
also have attorneys licensed to practice in the states of Colorado and
Louisiana.
Our practice is primarily in the area of serious personal
injury and wrongful death, with emphasis on
slip and fall injury accidents, motor vehicle accidents, premises
liability and nursing home abuse.
We are actively involved with The Academy of Florida Trial Lawyers and are
also members of The Association of Trial Lawyers of America. And, of
course, our attorneys are members of state and local bar associations.
We frequently represent clients on a co-counsel basis with attorneys from
around the country.
We are proud of our our legal team. Our team offers prompt, high-quality,
aggressive representation and we would be pleased to offer advice on any Florida injury
case.
Of course, there is no charge for your initial consultation and
slip and fall injury case
evaluation.

Principal
Office: Clearwater, FL
2639 McCormick Drive
Clearwater, FL 33759
We are also available for consultation by appointment at
other locations.
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