Ocala Premises Liability Attorney

What is a Premises Liability Claim?

Premises liability is a legal concept that holds property owners or occupiers responsible for injuries that occur on their property due to unsafe or hazardous conditions. It’s a branch of tort law focused on ensuring that individuals who own or manage property maintain a safe environment for those who enter their premises, whether they are visitors, tenants, or customers.

Here are the main elements you must prove to succeed in a premises liability lawsuit in Florida:

1. Duty of Care: Property owners or occupiers have a legal duty to maintain their property in a reasonably safe condition. The extent of this duty varies depending on the status of the visitor (invitee, licensee, or trespasser).
2. Breach of Duty: A breach occurs when the property owner fails to address or rectify a known hazard or dangerous condition that could foreseeably harm visitors.
3. Causation: There must be a direct link between the property owner's breach of duty and the injury suffered by the visitor.
4. Damages: The injured party must demonstrate that they have suffered actual harm or damages as a result of the unsafe condition.

Common Types of Premises Liability Cases

• Slip and Fall Accidents: These occur when someone slips, trips, or falls due to hazardous conditions such as wet floors, uneven surfaces, or debris. Common locations include retail stores, sidewalks, and office buildings.
• Negligent Security: Property owners can be held liable if they fail to provide adequate security measures to protect against foreseeable criminal acts, such as assaults or thefts, especially in high-crime areas.
• Inadequate Maintenance: This involves failure to maintain the property, leading to dangerous conditions like broken stairs, defective elevators, or poorly lit areas.
• Dog Bites: Property owners can be held responsible for injuries caused by their pets if they fail to control or restrain a dangerous animal.
• Swimming Pool Accidents: Injuries related to swimming pools can include drownings, slip and fall accidents, or injuries caused by unsafe pool conditions or inadequate supervision.
• Toxic Exposure: This includes exposure to harmful substances on the property, such as asbestos, lead, or mold, leading to health issues for tenants or visitors.
• Construction Site Accidents: Injuries occurring on construction sites due to unsafe conditions, such as falling debris or unprotected openings, can lead to premises liability claims.
• Retail Store Injuries: Injuries in retail environments, such as being struck by falling merchandise or slipping on spilled liquids, often lead to premises liability cases.
• Property Defects: Injuries caused by structural defects, such as collapsing ceilings, broken railings, or faulty wiring, fall under premises liability.

How Can a Lawyer Help Me with My Premises Liability Case?

When you are injured on someone else’s property, you may think that the property owner’s insurance company will pay for your medical expenses and other losses. After all, that is what insurance is for, right? Unfortunately, many insurance companies will do everything in their power to avoid paying on a premises liability claim. That is why it is so important to have an experienced attorney on your side, fighting to protect your rights.

At Schackow & Mercadante, our lawyers have more than 126 years of combined legal experience. We have successfully represented thousands of clients in a wide variety of premises liability cases. We know the law, and we know how to get results. When you hire our firm, we will conduct a thorough investigation of your case to determine who is at fault for your injuries. We will gather all of the evidence that is needed to prove negligence, and we will fight to get you full and fair compensation for your injuries.

You have nothing to lose, so contact our office today at (352) 261-6767 to schedule your free consultation with an Ocala premises liability lawyer.