Even though the holidays are over for this season, there are still plenty of parties to plan and attend through the rest of the year. Party planning can be a lot of fun, but also a lot of work. Party supply businesses help to make the process easier and, in most cases, they do a good job in helping their customers get through their preparation efforts quickly and efficiently. Sadly, a group of folks at a Boca Raton Party City location got more than they bargained for while shopping for their party needs when shelving collapsed at the store.  Several of the store’s patrons were injured as a result of the collapse. Fortunately, no additional victims were found in a subsequent search of the collapse debris. In a case such as this, it seems fairly straightforward who should be held liable for injuries sustained as a result of the shelving collapse.

Premises Liability

When you enter a business, you do not expect to be injured. The property owner has a duty to maintain a safe environment, a concept known as ‘premises liability.’ This means that property owners can be held liable for accidents and injuries that happen on their property – and business owners can be held liable for injuries that occur on their premises. There are some exceptions to the business owner’s liability, such as in the case in which the injured party was intoxicated or acting recklessly, and often times the liability will be shifted depending upon the status of the injured party.  For example, if the injured party is a trespasser with no authority to be present on the business owner’s property, the business owner may not be held liable for the injuries. Florida Code Section 768.0705 specifically addresses the scenario in which there is a presumption against liability of a business owner who has taken proper safety measures when an injury occurs during criminal activity.  One exception to the trespassing exception, however, is that of the ‘attractive nuisance’ doctrine with respect to children who suffer injuries on a property owner’s premises.  Under the attractive nuisance doctrine, a landowner (or business owner) may be held liable if a child is injured while trespassing on their property when the injury happens due to a hazardous object or condition that is attractive to children. The child may not have the capability to realize an object or condition is risky. If the property owner knows a child is likely to be on the property and that a dangerous situation exists that could cause serious harm to a child, he or she must provide warning of the risk.

Get The Legal Help You Need

When accidents occur, you may be entitled to money for your injuries.  In times such as these, you need to speak with an attorney who can assess your situation and guide you through an often-complicated legal process. The law limits the time you have to file a lawsuit after being injured and, if time runs out, your chances of recovery are likely gone. If you have been injured as a result of someone else’s negligence, contact a legal professional right away. A Miami Personal Injury Attorney is available to help you understand what you need to do and what you can expect to happen as you make your way through the legal system.