Premises liability claims arise whenever a person is injured by a defect or hazard on someone’s property. Most premises liability claims are brought against businesses by customers or against private landowners by visitors or guests. A smaller number of premises liability claims are brought by members of the public against the government. Read on for more information and contact a Miami premises liability attorney for help with your case.
Identify Your Status on the Property
To bring a successful claim, you need to show that the person in possession of the premises did not exercise sufficient care. But how much care do they need to use? Under Florida law, the duty required will depend on your status on the property.
In general, there are three types of visitors:
- Invitees: people invited onto the property, such as a business customer
- Licensees: someone who has permission to come onto the property, such as a friend stopping by to visit
- Trespassers: someone who does not have permission to enter or stay on the property
A landlord owes different duties to each type of visitor. For example, for invitees, a landowner owes the highest duty because he has invited the guest onto the property. The owner must regularly inspect the property for hazards and fix them or notify the invitee of them. A property owner can be responsible for hazards he should have known about had he performed an adequate inspection. If an owner fails to satisfy this duty, he can be liable for any injuries.
A property owner owes a lesser duty to licensees. In particular, the owner must maintain the property in a reasonably safe manner, which can include fixing known hazards or warning others of them. However, a property owner does not need to regularly inspect the premises for the benefit of licensees.
A premises owner owes no duty of care to trespassers. Instead, they must refrain from intentionally injuring them. Once a landowner discovers a trespasser, they should warn of any known hazards that the trespasser cannot see with their own eyes. Children are also owed a duty of care if the owner has anything that would attract children to the property, such as a pool, trampoline, or old appliance. These are called attractive nuisances.
Contact Dolan Dobrinsky Rosenblum Today
Proving a premises liability claim takes time and attention to detail. To get started, give us a call, 305-371-2692. We offer a free consultation.