Premises Liability

Persons on someone else's property fall into a trio of different classifications that define the owner's duty of care when it comes to Premises liability cases in Miami. The most important of these are business visitors as they require the utmost responsibility with frequent hazard inspections. Next are social guests that must be made aware as well as protected from dangerous situations. Last are trespassers which still carry responsibility from property owners to not be harmed deliberately.

Like other jurisdictions, Florida has its own rules and regulations relating to the responsibility of premises, and its rules vary based on new laws or statutes coming from the state legislature. Nonetheless, it helps to take a look at some fundamentals of property law to understand how the responsibility for premises operates.

Premises liability is broad, encompassing many scenarios. These may include common slip and fall accidents or other scenarios such as being bitten by a pet, drowning in a pool, or any mishap that happens in a home or commercial property. Each of these scenarios may allow the victim to pursue legal action.

The owner of the property is typically responsible for any injuries suffered by the guests-to some extent and based on the circumstances of the incident. In general, visitors to a property are classified into three groups so that the court can determine how liable a property owner is for the protection of that person.

An invitee is an individual entering the land of a property owner to conduct business in which the parties are mutually involved, or in response to an express or implied invitation from the landowner. Property owners owe invited individuals the highest priority when it comes to care. Repairers who are invited to a home to fix a door are also called business invitees, for example.

A licensee is a person entering and staying on the land of a property owner for the convenience of the owner or for advancing the owner's interests, with the permission and consent of that individual. It covers social guests. The second-highest standard of care is given to these individuals. Usually, they are social guests such as friends, family members or the like, and include activities such as birthday parties or other social gatherings. A licensee can also be a guest that has not been invited, such as a neighbor briefly dropping by to pick something up.

A trespasser is an individual who enters into the property of another person without the consent or knowledge of that landowner. Based on a rule called the "discovered trespasser", if a landowner is aware that a trespasser is on his property, they must exercise sensible care for the protection of that person. Even if a trespasser has no authorization to be on the premises, the owner of the property still owes them a specific duty to prevent careless or malicious harm.

The general information provided above about premises liability cases in Fort Lauderdale is meant for educational purposes only and is not a substitute for speaking directly with an attorney about the facts and circumstances of your case. Please call 954-500-0003 in Broward or 305-674-0003 in Miami to schedule a consultation with the Law Offices of Mark Eiglarsh.