Does Weather Impact Premises Liability Cases

Does Weather Impact Premises Liability Cases

Viles & Beckman

Weather is a Factor in Your Premises Liability Claim

There are a number of potential issues involved in premises liability cases, including the presence of bad weather and how this may play a role in slip and falls. It’s important to know if this impacts a case and how it may deviate from potential legal options. Understanding weather conditions and the way a premises liability case can be negatively impacted isn’t just for anyone to manage alone. Having a lawyer can help you understand what this means and ways to move forward effectively.

When It Can Hurt a Case

Weather may impact a case in a negative way when the owner of a property could do nothing to prevent it from causing a danger. For instance, if the slip and fall occurs because of a slippery floor caused by rain in an outdoor setting, there may not be much action the landowner can take to remove the danger. In some cases, it may be argued that the landowner was unaware of a danger made by the weather. If this is the case, it may not be possible for the individual injured to pursue legal action against the negligent party.

When is Weather a Factor in a Premises Liability Claim?

In order for the weather at the time of the accident to play a role in your premises liability claim, it must be determined that the owner of the property you were hurt on had prior knowledge of how the weather could influence conditions in a way that could be injurious to those they invited onto their property. The weather alone cannot be blamed because it is simply beyond a landowner’s control but in cases where it has repeatedly influenced certain factors to their knowledge, a landowner may possibly be held responsible.

For example, if a retail store of some kind has a leak in its ceiling when it rains and there is a puddle that forms as a result then the owner of the property could be held liable for an injury it causes. The owner of the store had prior knowledge that there was a leak and a puddle that formed. It stands to reason that this puddle could present a danger of causing slip and falls so it falls upon the owner of the property to take measures to remove this threat. This means placing some sort of caution sign and fixing the leak. Should they fail to do this then they are failing to do everything within reason to keep their customers safe and therefore can be found liable.

On the other hand, if the leak occurs in an area where customers are not supposed to be or if the leak suddenly occurs and a person is harmed by it before the property owner has a reasonable time to take preventative measures then it is very likely that they will not be considered liable for the injuries these weather conditions cause.

When Weather Doesn’t Play a Role

Imagine it’s raining pretty hard outside. Water all across the ground, being trekked into different stores or buildings. Unfortunately, the more water that builds up on the floors in these buildings, the more potential there is for someone to slip and fall. If the owner is aware of this danger, but they fail to either keep the floors dry or warn guests about the dangers, they put others at serious risk of injury.

Viles and Beckman Slip and Fall Claim Attorneys

Proving that negligence was involved despite the weather is difficult to do on your own, especially without the necessary resources to pursue a lawsuit. Having a Florida premises liability attorney can prove to be the difference in pursuing compensation and holding the negligent party accountable.

Call Viles & Beckman today at (239) 334-3933 for the legal representation you need. We’re here to help you.


About the Author of this Page: The above information was written or reviewed by one of the attorneys at Viles & Beckman LLC who have a combined experience of nearly 60 years: Marcus VilesMichael Beckman or Maria Alaimo. The information provided in this article comes from years of experience trying legal cases outside and inside courtrooms throughout Florida along with extensive research.

Personal Injury Compensation

Why Hire Us

Over 40 Years of Experience

Over 40 Years of Experience

We have championed injury victims' best interests since 1995, and we wouldn't use or legal abilities any other way.

Board Certified by the Florida Bar

Board Certified by the Florida Bar

Florida recognizes Attorney Marcus W. Viles's reputation for legal excellence. As a result, he upholds this prestigious title.

Free & Confidential Case Reviews

Free & Confidential Case Reviews

A successful case outcome starts with preparation. We sit with every client to grasp the personal injury matters they are dealing with.

You Pay Nothing Unless We Win

You Pay Nothing Unless We Win

Because of the fact that our firm works on a contingency fee basis, our clients don't owe us a dime until we win their case.

Alachua Baker Bay Bradford Brevard Broward Calhoun Charlotte Citrus Clay Collier Columbia DeSoto Dixie Duval Escambia Flagler Franklin Gadsden Gilchrist Glades Gulf Hamilton Hardee Hendry Hernando Highlands Hillsborough Holmes IndianRiver Jackson Jefferson Lafayette Lake Lee Leon Levy Liberty Madison Manatee Marion Martin Miami-Dade Monroe Nassau Okaloosa Okeechobee Orange Osceola PalmBeach Pasco Pinellas Polk Putnam St.Johns SaintLucie SantaRosa Sarasota Seminole Sumter Suwannee Taylor Union Volusia Wakulla Walton Washington

Helping those Injured in Accidents Across Florida

While we are proud to call Fort Myers home, we are also more than happy to help injured people living anywhere in the Sunshine State. In fact, we’ve even been known to travel all around the country just to meet our clients’ needs.

Schedule a Free Consultation

  • This field is for validation purposes and should be left unchanged.

What Our Clients Say

My legal team was very caring about my situation, kept prompt contact about developments in my case and got my case settled quickly. I recommend them to everyone I meet in need of representation.

Google Review  |Jaime Hymel

Special thanks to Viles & Beckman,LLC. The firm took great thought and time into recovering funds for my recovering and continued care needed as the result of a car accident. I hope I never need them again but they'll be my first call.

Google Review  | Debbie K.

Tiffany and Amy have been great. They have helped me every step of the way and answered all my questions and concerns within a timely matter. I couldn’t have for better people to help me out.

Google Review  | Corey Rucker

Recent Articles from the Blog

Pursuing A Zantac Cancer Lawsuit? 6 Things You Need To Know First

Pursuing A Zantac Cancer Lawsuit? 6 Things You Need To Know First

For decades, millions of Americans turned to Zantac to treat heartburn, stomach ulcers, and gastroesophageal reflux disease. But in 2019,…

04/06/2021
Impacts an ERISA Lien Can Have on Your Personal Injury Settlement

Impacts an ERISA Lien Can Have on Your Personal Injury Settlement

Personal injury cases are often accompanied by healthcare-related liens which you must take care of before receiving the settlement. The…

03/22/2021
Product Liability & Lemon Law: What Are The Differences?

Product Liability & Lemon Law: What Are The Differences?

It's frustrating when persistent vehicle problems delay your commute or alter your travel plans. It's far worse when mechanical defects…

03/18/2021