Premises Liability Claims: What Property Owners Owe to Visitors

Property owners have a legal responsibility to maintain safe conditions for those who enter their property. When they fail to do so and someone is injured as a result, the victim may have the right to pursue compensation through a premises liability claim. At Kelleher Law, we help injured individuals understand their rights and hold negligent property owners accountable.

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What Is Premises Liability?

Premises liability refers to injuries that occur due to unsafe or hazardous conditions on someone else’s property. These cases can arise on both private and commercial property, including retail stores, apartment complexes, office buildings, restaurants, hotels, and parking lots.

Common premises liability accidents include:

• Slip and fall accidents

• Trip and fall injuries

• Wet or uneven flooring

• Broken stairs or handrails

• Poor lighting

• Negligent security

• Falling objects

When property owners fail to correct dangerous conditions or warn visitors about known hazards, they may be legally responsible for resulting injuries.

Who Can Be Held Liable?

Liability depends on several factors, including who owned, occupied, or controlled the property at the time of the accident. Potentially responsible parties may include:

• Property owners

• Business owners or operators

• Property management companies

• Landlords

• Maintenance contractors

To succeed in a premises liability claim, it must be shown that the responsible party knew or should have known about the dangerous condition and failed to take reasonable steps to fix it.

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Common Injuries in Premises Liability Cases

Premises accidents often lead to serious injuries, such as:

• Broken bones and fractures

• Head and traumatic brain injuries

• Back and spinal cord injuries

• Soft tissue damage

• Long-term mobility issues

These injuries can result in mounting medical bills, missed work, and lasting pain that disrupts daily life.

Why Premises Liability Claims Are Often Challenged

Insurance companies frequently dispute premises liability claims. They may argue that:

• The hazard was “open and obvious”

• The injured person was not paying attention

• The property owner had no knowledge of the condition

• The injury was pre-existing

Because of these defenses, having an experienced premises liability attorney is critical. Legal counsel can gather surveillance footage, maintenance records, incident reports, and witness statements to build a strong case.

Compensation Available in Premises Liability Cases

Victims of premises liability accidents may be entitled to compensation for:

• Medical expenses and future treatment

• Lost wages and reduced earning capacity

• Pain and suffering

• Rehabilitation costs

• Permanent disability

The value of each case depends on the severity of the injuries and the long-term impact on the victim’s life.

Serving Victims in Florida and Georgia

At Kelleher Law, we proudly represent victims in Naples, Fort Myers, and throughout Southwest Florida, as well as Roswell and the greater Atlanta area in Georgia.