THE BASICS OF PREMISES LIABILITY IN FLORIDA

THE BASICS OF PREMISES LIABILITY IN FLORIDA

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®️.

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Author

Todd Miner

Todd Miner is the Senior Trial Attorney & Managing Attorney at Todd Miner Law®️. A Florida native, Todd's journey in law began at the University of Central Florida, where he earned a Bachelor of Arts degree in political science. He then obtained his Juris Doctor degree from Nova Southeastern University, Shepard Broad College of Law. With a background as an Assistant State Attorney and experience in insurance defense, Todd brings over three decades of legal expertise to his practice, focusing on complex personal injury cases. He is dedicated to advocating for his clients and ensuring they receive the compensation they deserve.

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