Premises Liability

Premises Liability

Florida injury lawyers—slip and fall, dog bites, and other property accidents

Property owners have a responsibility to keep their premises safe so others do not get injured. When dangerous conditions cause an injury, the owner of the premises may be subject to a premises liability claim. All property owners must maintain the property they own in a reasonably safe condition. Some of the most common places where these types of accidents occur are:

  • Homes
  • Business buildings
  • Retail and grocery stores
  • Apartments/Condominiums
  • Restaurants/Bars
  • Parking lots
  • Theaters
  • Shopping malls
  • Playgrounds
  • Sport stadiums
  • Amusement parks
  • Roads and sidewalks
  • Gas stations

Examples of premises liability

As a broad legal category, premises liability encompasses a variety of situations, some of which include:

  • Slip and fall accidents
  • Fires or explosions
  • Toxic exposure
  • Animal bites/attacks
  • Falling objects
  • Construction accidents
  • Swimming pool drowning
  • Injury from criminal assault

Florida law on property negligence claims

The owners of property in Florida must keep their property safe. If an owner creates a dangerous condition on the property, or if the owner knows that a danger exists on their property, they must takes steps to correct the problem. At the very least, the owner is required to warn others of the existing danger.

The claimant has the burden to prove...

  1. The person or entity in possession or control of the business premises owed a duty to the claimant;
  2. The person or entity in possession or control of the business premises acted negligently by failing to exercise reasonable care in the maintenance, inspection, repair, warning, or mode of operation of the business premises. Actual or constructive notice of the transitory foreign object or substance is not a required element of proof to this claim. However, evidence of notice or lack of notice offered by any party may be considered together with all of the evidence; and
  3. The failure to exercise reasonable care was a legal cause of the loss, injury, or damage.

Compensation for serious injury

While many injuries on someone else’s property are minor, others can be serious or even result in death. Compensation we seek for premises liability cases often include coverage for the following:

  • Medical bills
  • Lost earnings
  • Pain and suffering
  • Disfigurement
  • Emotional distress
  • Permanent disabilities

Some premises liability cases may not result in an ongoing disability, but may be associated with permanent scarring. These types of cases are usually caused by animal attacks or dangerous items protruding from product racking systems. If you or your family member has sustained any scarring, call us. We will evaluate the scarring and provide advice on how best to proceed.

If a family member has died from an injury caused by dangerous property conditions, our Florida injury lawyers at McCullough & Leboff can file a wrongful death suit on behalf of the family.