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Our Offices

  • Tavares Office

    Address

    203 N. St. Clair Abrams Avenue
    Tavares, Florida 32778-3259

  • Inverness Office

    Address

    303 Tompkins Street
    Suite 180
    Inverness, Florida 34450

    Phone

    352-344-1882

  • Clermont Office

    Address

    481 E. Highway 50
    #201
    Clermont, Florida 34711

    Phone

    352-242-1933

Ratings & Reviews

  • 5.0/5.0

    — Lori Robbins

  • 5.0/5.0

    I am a trial attorney who had been practicing law for ten years. Attorneys only hire the best when the things that matter the most in their own lives are threatened with harm. That is why I hired Christopher R. Largey of Largey Law when my ...
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    — Paul Darby

  • 5.0/5.0

    Following my car accident I was referred by a friend to Largey Law Firm. Chris Largey agreed to take my case. He and Rosie along with his staff were very reassuring that they would take care if all my legal issues dealing with the insuran...
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    — Steve Jones

  • 5.0/5.0

    As a family law attorney, I had the opportunity to work with Chris in a case involving an injunction that was part of a family law matter that I was involved in. I wholeheartedly recommend him as a criminal law attorney. In my opinion, he ...
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    — Dusty Twyman-Morey

  • 5.0/5.0

    Informative friendly and helpful professional. Passionate and caring for the right of the person represented.

    — Marc Lovric

Can I File a Wrongful Death Lawsuit if the Injuries Occurred on Someone’s Property?

When a fatal accident occurs, justice demands that wrongdoers be held accountable. But the identities of those wrongdoers are not always clear. Where the accident occurred can certainly be a factor in determining who is responsible, and making that determination can be difficult for the next of kin in filing a wrongful death lawsuit. An important question to ask is whether the nature of the property had any role in causing the accident. 

Premises liability law holds that a landlord must act reasonably to discover and cure hazards that might be dangerous to guests. When a hidden hazard causes a guest to slip or trip and fall, sustaining an injury, the landlord can be liable if his conduct in the matter was unreasonable. The law is the same for fatal injuries as it is for any kind of physical harm. 

Classic examples of hidden hazards are loose floor tiles and uneven pavement. These are conditions that are not open and obvious for a visitor, but should be known to the landlord. Thus, the landlord must take reasonable steps to eliminate the hazard or warn the visitor about it. If the landlord fails in that duty, he is likely going to be liable for the accident. 

Wet floors pose a different challenge. Florida Statute § 768.0755 states that for a slip and fall due to “a transitory foreign substance in a business establishment,” the business owner must have had “actual or constructive knowledge of the dangerous condition.” This means that for a spill on a floor that causes a slip and fall, the victim has the burden of proving the spill had been around long enough, or such spills happened often enough, that the business owner should have done something about it before the accident happened. 

The fact that an accident happens on someone’s property doesn’t mean the landlord is automatically to blame. Another visitor could have created the hazard, or could have directly caused the accident, for example, by bumping the victim on the stairs and causing a fall. 

As a practical matter, where an accident occurred can be important, because businesses and homes have liability insurance to compensate the victim of a premises liability accident. But why an accident happened is, legally, the more important factor. 

If you have been seriously injured or have lost a loved one in a premises liability accident, trust Largey Law to fight aggressively for justice. To schedule an appointment with an experienced wrongful death lawyer, free of charge, call 352-253-0456 or contact our office online.