What is Premises Liability? A Miami Personal Injury Lawyer Explains
You’ve probably heard the term “premises liability,” and you may have a vague idea of what it means. However, if you have been injured while on someone else’s property, it is exceptionally important that you have a thorough understanding of what this term means. Our Miami personal injury lawyer defines “premises liability” and explains why it’s important for injured parties to understand what it means.
Premises Liability Defined
In the most basic terms, premises liability is a legal term that explains the owner of a property can be legally responsible for many accidents or injuries that take place on a piece of property. This legal concept comes into play in many personal injury cases, especially those where an injury was the result of property not being properly cared for, negligence, or a defective condition.
Property Owner’s Role in Premises Liability
The majority of personal injury cases that our premises liability lawyer handles are founded on the negligence of property owners. Those who own any type of property are responsible for keeping it safe for those who come into contact with it. This includes land, buildings and exterior locations, such as driveways and walkways. Should there be any potential hazards, those hazards should be clearly indicated. Should someone become injured – sustain a slip and fall, for example – as a result of the property owner’s neglect, the owner may be held liable for the damages that occurred.
Who are Considered Property Visitors?
In legal terms, there are three types of people who visit properties. These include:
- An invitee. A person who is invited to a property or who has received permission from the owner to enter the property is considered an invitee.
- A licensee. Someone an owner permits to enter a property, but is there for their own intentions is considered a licensee; a salesperson, for example
- A trespasser. A person who gains entrance to a property but is not invited and does not have permission from the property owner is deemed a trespasser.
What Visitors are Property Owners Responsible For?
In most cases, a property owner has the most legal responsibility for invitees. This is because the owner of the property invited the individual onto the property. As such, it is expected that the owner will warn those persons he or she invites onto the property of any potential hazards that exist; a broken step, damaged footing, or faulty lighting, for example.
Property owners are considered to be less responsible for licensees because these individuals are not explicitly invited to enter. However, the presence of these individuals is permitted, so a property owner should warn these individuals of any dangers that may exist on the property.
In regard to trespassers, property owners seldom know that they are on their property and they weren’t invited. As such, the owner of the property has a lowered obligation to warn against any hazards that may exist.
While property owners are the most responsible for invitees, less responsible for licensees and the least responsible for trespassers, they are still expected to warn anyone who they know is on their property of any potential dangers that exist.
Types of Premises Liability Cases
Premise liability cases involve any type of situation in which an individual was harmed on someone else’s property as a result of negligence on behalf of the property owner. Some of the most common types of premise liability cases our personal injury attorney in Miami handles include:
- Slips and falls
- Swimming pool accidents
- Defective conditions on a property
- Failure to properly maintain premises
- Leaks and flooding
- Dog bites
- Negligent Security
Premises liability cases cover a wide range of circumstances; however, some cases are more common than others.
Injured on Someone’s Property? A Premises Liability Attorney in Miami can Help!
If you have sustained an injury on someone else’s property as a result of the property owner’s negligence, a Miami personal injury lawyer with experience in premises liability can help. Here’s how:
- They have extensive knowledge of the laws that govern premises liability
- They know how to gather the proper information to create a case
- Personal injury attorneys know what type of questions to ask, and who they should be questioning
- They know your rights regarding premises liability injuries
If you have been injured on somebody else’s property and believe you have a premises liability case, contact our Miami personal injury lawyer today!