People who own or inhabit land have a duty to keep maintain it; not just
for their own sake, but for the safety of any visitors they may have.
If they fail to meet this duty, they can be held responsible for any injuries
that are caused as a result. This legal concept is called premises liability.
Premises Liability and Businesses
The most strict
premises liability laws apply to business owners and managers. By inviting costumers onto
their property, they are assuming responsibility for their safety.
Some of their specific duties include:
- Keeping floors and staircases clean and free of dangerous clutter
- Making a reasonable effort to use safe equipment and supplies
- Maintaining all equipment that costumers may use
- Premises Liability and Private Property
When we invite friends or family onto our property, we have a legal obligation
to make sure they are reasonably safe. The legal term for social guests
is licensees. Legally, licensees can expect their hosts to repair any
conditions that may pose a danger. If hosts cannot or do not wish to repair
dangerous conditions, they are expected to warn guests of these dangers
and how to avoid them.
Premises Liability and Children
Generally, the only safety provision made for uninvited trespassers is
that property owners cannot intentionally hurt them. Children are an important
exception to this rule. Because children are very curious, and often have
not developed good judgment yet, adult members of the community are obligated
to help protect them.
A person whose property contains a potential danger, such as a swimming
pool or heavy machinery, can be responsible if children are hurt by it.
To prevent this, all dangerous property should be guarded by a sturdy
fence, kept in a locked shed, or otherwise concealed unless you want to
deal with premises liability, Florida.
If you or a loved one has been hurt by a property owner’s negligence,
contact Todd Miner Law.