Gerber Law: For Justice

Providing aggressive advocacy to injury victims in the southwest coast of Florida for 20 years.

How does premise liability work?

On Behalf of | Feb 11, 2020 | Premises Liability

Premise liability occurs when you receive an injury on someone else’s property due to unsafe conditions. The injuries fall under personal injury cases, and most of them occur due to negligence. In a premise liability case, you have to prove that the property owner was negligent in maintaining their property, thereby leading to your accident.

Getting an injury in someone’s property does not necessarily mean that the owner was negligent, even if the property was unsafe. Negligence only counts when you can provide absolute proof that the property owner had knowledge about the dangerous conditions of the property in question but did not do anything to rectify the problem.

There are different rules in different states in regards to premise liability. Some states focus on the status of a visitor to a property. The visitor in such a case can be either an invitee, licensee, trespasser, or social guest. An invitee visits a property with an invitation from a property owner. They have an assurance of safety on the premise.

A licensee visits a premise on their own mandate but with the knowledge and consent of the owner. A trespasser, on the other hand, gets into someone’s property without any authorization. If you are a trespasser or a licensee, no guarantee is given for your safety while on the premise.

Other states only focus on the condition of the property and the activities happening between the visitors and the owners. Such states provide enough care for invitees and licensees. However, trespassers do not get any safety guarantee.

According to Justia, if you own any property, it is best to always inspect it and repair any damages. If there are dangerous conditions, it is only right to put up a warning so that no one can get injured regardless of whether they are lawful visitors or trespassers. Safety should always be the first concern.


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