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What is Premises Liability?

Premises liability is a personal injury that occurs when you are injured on someone else’s property. Property owners and managers are responsible for keeping their businesses, homes, and facilities maintained and hazard-free. This may include regular inspections, repairs, and general upkeep to ensure the premises is safe. If you are injured at a home or business due to a hazard that a property owner knew or should have known about, you may be able to file a premises liability claim.

Examples of Property Owner Negligence

Here are the most common accidents that may be due to property owner negligence:

  • Slips and falls
  • Trips and falls
  • Negligent security leading to an assault
  • Negligent supervision of children
  • Animal bites and accidents
  • Elevator or escalator accidents

 

The King Law Firm has helped numerous clients with premises liability claims at locations in Ocala and throughout Central Florida. These injuries occur in places such as:

  • Swimming pools (public or private)
  • Grocery stores
  • Bars or restaurants
  • Residential complexes like apartment buildings
  • Parking lots
  • Retail stores and malls
  • Daycares and other childcare facilities
  • Property management companies
  • Stables
  • Amusement parks

Common Injuries

You must have suffered an injury to file a premises liability claim. Here are some of the most common injuries that may occur due to a property owner’s negligence:

  • Sprained ankles
  • Broken bones
  • Head trauma or concussions
  • Back injuries
  • Neck injuries
  • Burns
  • Disfigurement due to an animal bite
  • Psychological trauma due to a physical or sexual assault

Filing a Premises Liability Claim

Premises liability claims are a form of negligence, so you must prove the property owner’s negligence using the criteria below.

Proof of Ownership

You must first establish that the defendant owned, leased, or managed the property.

Duty for Care

Property and business owners have various levels of responsibility to care for customers, patrons, or guests at a business or home. There are three types of visitors to a location in Florida:

  • Invitee—someone visiting a site for legitimate or business purposes, such as a customer or client.
  • Licensee —a social visitor such as a house guest or someone attending an event.
  • Trespasser— someone who did not have authority to enter the property.

Property owners have a different level of care depending on the visitor type. An exception is made for children, however. When filing your claim, you must state your reason for visiting the property to ensure it falls into one of these three categories.

Breach of Care

Once it’s determined that you had a legitimate reason to enter the property, you must prove that there was a breach in the duty for care. This could be due to failure to remove a known hazard, failure to notify patrons of a hazard, or failure to follow procedures that would have prevented the hazard and injury.

Injury Caused by Breach of Care

You will need to present evidence that the injury you suffered was a direct result of the negligent behavior of the property or business owner. This may include photos, surveillance video, medical records, or eyewitness reports of your injury.

Damages 

You need to prove that the property owner’s negligence caused your injury and that you suffered economic or non-economic damages due to the injury. These damages can include medical bills, lost wages, diminished earning potential, pain, suffering, and mental trauma.

What to Do After You Are Injured

After you have been injured on someone’s property, you should seek immediate medical attention and notify the property owner that an injury occurred. Keep records of your doctor’s visits, medical diagnosis, medical bills, expenses, and other information related to your medical care. You may also want to take photos or gather surveillance footage that shows the injury when it occurred. Then, contact a personal injury attorney at the King Law Firm to see if you may be eligible to file a premises liability claim.

Damages from Premises Liability Injuries with King Law Firm

The King Law Firm handles personal injury cases in Ocala, Marion county, and surrounding areas in Central Florida. We have recovered damages for a variety of injuries at various locations. We will consider your case to prove whether a property owner had the obligation for care and breached their duties. Contact us at 352-269-1814 for a free case evaluation.

 

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