Understanding Premises Liability

If you own any property, whether it is private property or property related to a business, you are liable for the safety of anyone on that property. This liability is known as premises liability. If you are not aware of your premises liability, you can put yourself at financial risk if someone is injured on your property. So if you own property or are considering purchasing property it is crucial you understand the basics or premises liability.

Your Responsibilities As A Property Owner

You have responsibilities as a property owner, whether you own private or public property. The most important responsibility is that you need to take reasonable care of your property. This is commonly referred to as “duty of care.” Duty of care basically means that you need to take care of your property to minimize any potential risks. In Florida, duty of care is predicated on whether or not any harm was foreseeable. This means that any harm was could be foreseen by the property owner. For example, if a property owner knew that their pavement was cracked or damaged but did not either reasonably warn visitors or take steps to repair the damage, they will be liable if someone trips and falls, as the trip and fall was foreseeable. The other major responsibility as a property owner is to reduce “attractive nuisances.” Attractive nuisances are anything on your property that can attract trespassers, specifically minor children like pools or hot tubs. These nuisances should be mitigated with precautions like fences or locks. Property owners are not expected to prevent all attractive nuisances, but they are required to take reasonable measures to reduce the risk of attractive nuisances.

Common Premises Liability Cases

There are some common premises liability cases a property owner should know about. With this knowledge you can take the necessary steps to mitigate and reduce these exposures when managing your property. Here are the most common premises liability cases:

Slip and fall/trip and fall
Defective conditions as a result of inadequate maintenance
Inadequate security
Swimming pool accidents
Dog bites
Toxin exposure
Fires

Legal Status Of Visitor

Another important factor in premises liability is the legal status of the visitor. The legal status of the visitor determines the legitimacy of the claim and the liability of the owner. There are three main categories of status including:

Invitees: People who are on the property with the express permission of the property owner. On private property this can include guests and residents, in public property this includes customers and employees.
Licensees: Licensees are individuals who have implied permission like delivery personnel or neighbors.
Trespassers: A trespasser is someone not authorized on the property.

Property owners are liable for both invitees and licensees, but they are not for trespassers, unless the trespasser was a minor child attracted to an attractive nuisance.

How Fault Is Determined In Premises Liability Cases

When a claim is filed against you, your insurance company and any courts will set out to determine fault. Florida is a comparative fault state, which means that insurance companies and courts will determine how much each party was at fault for the accident. A property owner will be considered at fault if they did not exercise reasonable duty of care or mitigate attractive nuisances. The injured will be considered at fault if they did not exercise reasonable caution or care when on the property. The legal status of the injured will also be factored into the distribution of fault. Once the fault distribution is determined, the compensation will be awarded accordingly.

Protecting Yourself

There are several steps you can take to protect yourself against premises liability. The first is to make sure you have a comprehensive property owner’s insurance that will cover any potential liability. Secondly, you need to exercise a reasonable duty of care and reduce any risks from attractive nuisances by following local statutes and proper property maintenance. Then you need to make sure that any individuals on your property are safe and if there are risks, they are expressly warned of any potential dangers. Finally, if a claim is made against you, you need to hire an attorney. A good attorney, like the experienced professionals at All Injuries Law Firm, will make sure that you are not unfairly punished for any injury that occurs on your property.