Premises Liability

Premises liability cases may involve slip and falls, dog bites, swimming pool accidents, dangerous property conditions, falling objects, or negligent security. Often, accidents happen because property is not properly maintained or managed. In Florida, property owners have a duty to manage their property in a reasonable manner for the protection of guests. When property owners don't take reasonable protections in this regard, they may be held liable for the injuries that result. If you have been injured as a result of the acts or omissions of a negligent property owner in Florida, the experienced Ocala slip and fall attorneys at Dean Law Firm can help.

The most common premises liability lawsuits are based on slip and fall accidents. These accidents can happen because of a surprisingly slippery surface, an obstructed walkway, concrete that has cracked and split, and a variety of other circumstances. A Florida landowner owes those that it invites onto its property a duty to maintain the property in a safe manner. If there are concealed dangers on the property, there is also a duty to warn visitors of those dangers.

A 2001 Florida Supreme Court ruling shifted the burden of proof in slip and fall cases to business owners in claims involving places of business. They had to show they exercised reasonable care while maintaining their property. However, the Florida Legislature changed the law back with an amendment that took effect in 2010. Now, as was the case before the Supreme Court ruling, a plaintiff has to show that an owner knew or should have known of a slip and fall hazard in a case related to a business establishment.

However, a landowner in Florida is not liable for injuries that result from open, obvious, or known dangers on a property unless the harm is of the type that should be anticipated. This doctrine can be difficult to interpret depending upon the facts at issue. For example, a visitor who elects to walk through a planted area rather than use a walkway may not be able to recover if there is something that causes a fall in the planted area, like a tangle of vegetation.

Although slip and fall accidents can be minor, they can also be serious and sometimes devastating, resulting in spinal cord injuries, traumatic brain injury, or even death. If you are seriously hurt in a slip and fall or other premises liability case, you may be able to recover medical expenses, lost wages from time you miss at work, lost earning capacity, loss of enjoyment, pain and suffering, and more.

Premises liability cases can be difficult to prove. Not only is the analysis of fault tricky in many cases, but most of the evidence related to causation is within the landowner's control. Often business owners have much greater resources and can retain experienced lawyers quickly. You, too, should consult with a knowledgeable attorney that understands this area of law. We offer a free consultation to discuss your case, and we only take personal injury matters on a contingency basis, meaning you only pay our attorneys’ fees if we recover compensation for your injuries. To discuss your premises liability claim with an experienced Ocala personal injury lawyer, call 352-387-8700 or contact us through our online form. We serve Central Florida clients in numerous communities, including Ocala, The Villages, and Crystal River.