Clermont Premises Liability Lawyer

A premises liability accident occurs on someone else’s property due to an unsafe condition caused by the property owner’s negligence. Property owners have a legal duty to ensure their property is reasonably safe for visitors. The law holds property owners responsible for injuries suffered by visitors or others on their property due to hazards they knew about or should have known about.

A Clermont premises liability lawyer can assess the details of your accident, determine if the property owner was negligent, and gather evidence to support your claim. Our local personal injury attorney can negotiate with the insurance company on your behalf, seeking a fair settlement for your injuries.

Injuries and Damages in Premises Liability Claims

In Clermont property liability cases, serious injuries often occur because of a property owner’s failure to remedy a dangerous condition. Commonly reported incidents and injuries in premises liability claims include:

Slip and fall accidents: Injuries from falls can range from minor bruises and sprains to serious fractures, spinal cord injuries, internal injuries, and traumatic brain injuries.
Elevator/Escalator accidents: Malfunctioning elevators or escalators can lead to serious external and internal injuries.
Fires: Injuries from fires can be extensive, including burns and smoke inhalation.
Negligent security: Inadequate security measures, such as insufficient lighting, lack of security personnel, or broken locks, can contribute to incidents like assaults that result in grave bodily harm.
Dog bites: Property owners may be held liable for injuries caused by their animals if they fail to properly restrain or warn about the animals’ dangerous behavior.
Swimming pool accidents: Injuries or drownings due to unsafe swimming pool conditions, such as inadequate fencing, slippery decks, or lack of supervision, can also result in premises liability claims.
Inadequate maintenance: Property owners can be held liable for injuries resulting from their failure to repair hazards like broken railings, potholes, or crumbling sidewalks.

Recoverable damages in these cases can include medical expenses, lost wages, pain and suffering, property damage, and in some cases, punitive damages. A Clermont attorney can investigate the circumstances of your potential premises liability claim and determine what party or parties may owe you compensation.

Demonstrating Legal Fault in a Premises Liability Case

A Clermont attorney can engage in negotiations with the insurance company to try and reach a fair settlement in your premises liability case. A lawyer will analyze any settlement offers and advise you on whether they are fair. If a settlement cannot be reached, your lawyer can file a lawsuit in court. To be successful in a premises liability claim, the injured party must be able to prove:

The property owner had a duty of care to the injured party.
The property owner breached that duty, by failing to maintain the property safely or warn of dangerous conditions.
The breach caused the injury, meaning the unsafe condition directly led to the accident and subsequent injury.
The injury resulted in damages, meaning that the injured party suffered real damages as a result of the injury, such as medical expenses or lost wages.

Potentially liable parties include property owners, property managers, and business owners. Additionally, individuals who control or maintain the property, like tenants or contractors, may also be liable. The status of the injured party (invitee, licensee, or trespasser) can also affect liability, with higher duties owed to invitees.

Classes of Visitors

Property owners have a duty to maintain safe conditions for invitees and licensees, while a lesser duty is owed to trespassers. Invitees are individuals invited onto the property for business purposes or mutual benefit (e.g., customers in a store). Property owners owe a high duty of care to maintain safe conditions and regularly inspect for potential hazards.

Licensees are people with permission to enter the property but for their own purposes (e.g., social guests). Property owners must warn licensees of known hazards, but the duty of care is generally lower than that owed to invitees. Trespassers are those who enter the property without permission or legal right. Property owners owe the lowest duty of care to trespassers, typically only requiring them to avoid intentional or willful harm.

Contact a Clermont Premises Liability Attorney

We will conduct an independent investigation to determine how and why the incident occurred and to identify the property owner’s negligence. An attorney can collect evidence such as police reports, medical records, witness statements, and any other relevant documentation to prove that the property owner was negligent in maintaining a safe environment for visitors.

A Clermont premises liability lawyer can also communicate and negotiate with insurance companies on your behalf to seek a fair settlement. If a settlement cannot be reached, we advocate for your rights in court to ensure you receive fair compensation. Give us a call today to request your free, no-obligation case consultation with The Umansky Law Firm.