Property owners and businesses throughout West Central Florida have a legal responsibility to keep their premises reasonably safe for visitors. When they fail to address known hazards and someone gets hurt, that injured person has the right to seek compensation.
Premises liability claims involve complex legal processes — determining who controlled the property, what they knew about the hazard, and whether they took appropriate action. Most people cannot navigate this while also managing medical appointments, mounting bills, and the pain of a serious injury. The attorneys at Lucas, Macyszyn & Dyer, Injury Lawyers have fought and won these cases for clients throughout West Central Florida. If a negligent property owner caused your injury, we are ready to help.
Anyone in control of a commercial, public, or residential property must perform regular inspections and address hazards that can cause injury. The level of duty they owe depends on the type of visitor:
Premises liability accidents take many forms. Here are the types of cases our attorneys handle:
Slip and fall accidents are the most common premises liability complaints, accounting for approximately one million emergency room visits in the U.S. each year. They occur when a visitor slips, trips, or falls due to a property hazard and can result in broken bones, traumatic brain injuries, spinal cord injuries, sprains, and strains. Older adults are particularly vulnerable due to age-related declines in vision and strength.
Common causes include wet or waxed floors, loose or torn flooring, obstacles in walkways, damaged staircases, poor lighting, potholes in parking lots, and cracked concrete pathways.
Florida has more than 1.3 million swimming pools and leads the nation in pool drownings. Property owners must enclose pools to prevent children from wandering in. Businesses and public pools must either provide lifeguards or post a prominent sign that no lifeguard is on duty.
Beyond drownings, pools present risks including electrocution from malfunctioning electrical components, entrapment due to drain systems, and slip and fall injuries on pool decking.
Firefighters respond to a reported fire in the U.S. every 23 seconds. Someone is injured due to a structure fire every 46 minutes. Property owners are responsible for maintaining electrical wiring and appliances in safe working condition and for providing working smoke and carbon monoxide detectors and accessible exits. Hotel and apartment owners or managers must provide fireproof doors and sprinkler systems.
Elevator and escalator accidents result in approximately 30 deaths and 17,000 injuries in the U.S. each year. Elevator injuries often involve doors closing on individuals or clothing, falls into elevator shafts, or entrapment. Escalator accidents frequently involve clothing caught in mechanical parts or falls from the escalator, with children particularly at risk of getting trapped between stairs and sidewalls.
Florida’s many amusement parks, water parks, and recreational facilities attract visitors from across the region. Park owners must regularly inspect rides and grounds and promptly repair anything that could injure guests. Employees must be properly trained on operating rides, enforcing height and weight requirements, securing riders, and safely starting and stopping equipment.
Property owners must take reasonable steps to protect guests from criminal activity known to occur in the area. Reasonable security measures include locking doors and windows on hotel rooms and apartment units, security alarm systems, routine security patrols of parking lots, metal detection at major events, and school policies to prevent bullying and fighting.
Under Florida law, dog owners are strictly liable for bites that occur on their property or in public. They do not need to have known their dog was aggressive. The owner is responsible for compensating the injured person regardless, though many homeowners and renters insurance policies cover these claims. Some insurers exclude certain breeds, leaving owners personally liable.
To succeed in a premises liability claim, you and your attorney must establish three things:
Common Defenses in Premises Liability Claims
Property owners and their insurers frequently raise defenses to avoid paying valid claims. Knowing these arguments in advance helps your attorney build a stronger case:
If a property hazard injured you, you can pursue compensation for both the financial costs and the personal impacts of your injury, including:
Premises liability claims require attorneys who know how to identify the right liable parties, counter the defenses property owners routinely use, and fight for full compensation. When you work with LMD, you get:
Premises liability law is complex. If you’ve been injured on someone else’s property, you don’t have to figure it out on your own. If you have a strong case, our attorneys can pursue it for you at no upfront cost.
Contact Lucas, Macyszyn & Dyer, Injury Lawyers today for your free case evaluation. We serve clients throughout West Central Florida and we are ready to help.
(727) 849-5353