Who is responsible for a premises liability injury?

Florida residents may want to know who bears the responsibility when someone is injured on another person’s property. Depending on the actions of both the visitor and the property owner, the standard of liability may be different.

The legal doctrine of premises liability says that a property owner must maintain a reasonably safe environment or they may bear responsibility when someone is injured on their property. Some states look at the status of the visitor, particularly whether they are an invitee, who is someone invited to the property, a licensee, who is someone that came on their own business, or a trespasser.

In many states, a property owner is held to a certain standard of care. Failure to live up to that standard of care will make the property owner liable for injuries to both invitees and licensees. This standard of care requires the owner to inspect the property on a continuing basis to discover any dangerous property condition. The owner then must either repair that dangerous condition or warn the visitor of the hazard. If they fail to take the reasonable steps to make those repairs or warnings and someone is injured, the property owner may be liable for that injury. In the case of a trespasser who comes onto property without permission, the owner is usually only responsible for posting a warning when they know there is a likelihood that trespassers will enter the property.

While these are general rules, every person’s factual situation is different. Because of this, the information in this article should not be taken as legal advice. A personal injury attorney who has experience in premises liability cases can assess a client’s situation and determine if there is available redress.

SourceFindlaw, “Premises Liability: Who Is Responsible?“, August 21, 2014

SourceFindlaw, “Premises Liability: Who Is Responsible?“, August 21, 2014