Call Us Now

Orlando Personal Injury Attorney Concerned About New Florida Premises Liability Law

By Orlando Personal Injury Attorney on January 17, 2011

A new law that took effect in Florida at the beginning of the year with little fanfare could have serious consequences for people injured in slip-and-fall accidents. The new law makes it more difficult for people injured while on the premises of a business to seek damages in premises liability cases. The new law states that anyone injured in an accident caused by slips or trips and falls will have to prove that the business knew or should have known about the hazardous conditions that led to the accident. They must also prove that the business failed to take corrective action to remedy the situation after learning of the hazard.

Many business owners applaud the new law, but Orlando personal injury lawyer James O. Cunningham is concerned that the new law will limit the ability of seriously injured people to seek fair and just compensation for their injuries. Mr. Cunningham is against any measures that limit the legal options of injured people and is a fierce advocate for victims’ rights.

Under the previous law, Florida businesses that opened their doors to the public owed each visitor a “broad duty of care” to ensure that the premises were safe. This duty included conducting regular reasonable searches for potential hazards and taking action to warn guests if a hazard existed that the business could not immediately remedy. Most states have premises liability laws that still contain this duty of care, assuming that since business owners spend much more time on their premises than visitors do, they can more easily identify potential hazards.

However, this new law shifts the burden of proof to the injured person and his or her lawyer. One of the many concerns that Mr. Cunningham has with this is whether people injured by a negligent property owner will be able to investigate the accident that led to their injuries. He feels they should be focusing their efforts on healing and getting better, not concerning themselves with contacting possible witnesses to build a case.

If you have suffered an injury due to a slip-and-fall accident or another type of accident caused by hazardous conditions on someone’s property, now more than ever, you need an experienced Orlando personal injury attorney by your side. Few Florida premises liability attorneys have more experience than Mr. Cunningham does. He has been protecting the rights of injured people and building effective cases against negligent property owners since 1977. If you have questions about your legal options and need a strong and experienced litigator on your side, call 888-425-2004 or 407-425-2000 today to schedule a free consultation to discuss your case.

James O. Cunningham

Since 1977, personal injury lawyer James Cunningham has provided effective legal advocacy to people who are injured through the negligent actions of another person or entity throughout the Central Florida area. He fights to obtain recoveries for his clients’ physical and emotional pain and suffering and pursues his clients’ personal injury cases with a commitment to excellence and impeccable preparation.

Connect with James O. Cunningham on Google+

Related Articles:

Florida Personal Injury Office Locations

Main Office

Orlando Personal Injury Office:
3117 Edgewater Dr
Orlando, FL 32804
Phone: 407-425-2000
Toll Free: 877-FL-INJURY
Fax: 407-843-8274

Seminole County

Lake Mary Office:
1001 Heathrow Park Lane
Suite 4001
Lake Mary, FL 32746
Phone: 407-487-4408

Osceola County

Kissimmee Office:
17 S. Orlando Ave.
Kissimmee, FL 34741
Phone: 407-966-4408

Volusia County

Daytona Beach Office:
1301 Beville Rd., Suite 8
Daytona Beach, FL 32119
Phone: 386-243-4994

DeBary Office:
465 Summerhaven Drive, Suite C
DeBary, FL 32713
Phone: 386-320-3911

Deland Office:
Downtown Executive Center
120 South Woodland Blvd.
Deland, FL 32720
Phone: 386-206-1264

Citrus County

Inverness Office:
110 North Apopka Ave.
Inverness, FL 34453
Phone: 352-205-4341

Polk County

Lakeland Office:
1102 S. Florida Ave., Suite 104
Lakeland, FL 33803
Phone: 863-968-7551

Winter Haven Office:
325 Avenue A, N.W.
Winter Haven, FL 33881
Phone: 863-968-7173

Hillsborough County

Tampa Office:
100 S. Edison St. Suite D
Tampa, FL 33606
Phone: 813-355-9772

Marion-Sumter Counties

The Villages Office:
3420 U.S. Hwy. 27/441
Fruitland Park, FL 34731
Phone: 352-419-0825

Lake County

Mt. Dora Office:
602 East 5th Ave.
Mt. Dora, FL 32757
Phone: 352-436-4696

Clermont Office:
900 W. Highway 50
Clermont, FL 34711
Phone: 352-503-4674

Brevard County

Titusville Office:
506 S. Palm Ave.
Titusville, FL 32780
Phone: 321-222-7300

Cocoa Office:
96 Willard Street
Suite 206,
Cocoa, FL 32922
Phone: 321-757-1373