Premises liability refers to the legal responsibility placed on property owners and non-owner residents in the event that someone is injured while visiting a property due to unsafe conditions. This type of personal liability case requires the victim to prove negligence on the part of the defendant due to inadequate maintenance. Negligent behavior is defined as the use of reasonable efforts to maintain a safe environment. The South Florida personal injury attorneys at Graham Legal, P.A. discuss premises liability and how it applies to personal injury cases.
The following scenarios are typically considered to be premises liability cases:
- Slip and fall accidents
- Animal bites
- Insufficient security contributing to injury
- Neglected maintenance of the property
- Swimming pool injuries
Duty of Care
The plaintiff in a premise liability case will fall within a specific legal category: invitees, licensees, and trespassers. Each plaintiff is afforded a different level of protection.
An invitee is a person who has expressed or implied permission from the landowner to enter the property and is owed the duty of reasonable safety.
Licensees have the consent of the landowner to enter the property. However, since they are serving their own purposes while on the property, an owner is only required to warn this person of dangerous conditions.
Someone who does not have permission to enter the property is referred to as a trespasser. The property owner has no responsibility to this individual unless it’s a child. When the person is a minor, reasonably foreseeable risk of harm that can be caused by artificial conditions must be practiced.
Multiple factors are taken into consideration when determining the duty of care in a case, including the circumstances leading to the visitor entering and the overall nature of the property. The sound judgment of the occupant and their actions to either remedy or provide caution in addition to the ability to foresee the injury will also be taken into account.
The principle of comparative fault means that the injured individual can be held fully or partially responsible for the accident, resulting in the inability to recover damages despite the unsafe conditions of a property. Reasonable care to keep oneself safe must be practiced by the visitor. Lacking to exercise caution can result in a reduction of the amount to be recovered.
If you or someone you know has suffered an injury due to the negligence of another, contact the South Florida personal injury attorneys at Graham Legal, P.A. today.