Rue Ziffra, PA

Premises Liability is an area of law that oversees what happens when an individual suffers injuries while being present on someone else’s land. Typically, the person in possession of the land is held responsible for any injuries an individual sustains while on the land.

For instance, when an owner of a piece of property does not fix or attempt to fix or warn people coming on to his or her property of a potentially dangerous condition, the person who is injured might then have a strong premises liability case against the property owner.

Since premises liability pertains to an individual suffering injuries while on someone else’s land, the types of accidents covered by premises liability law are vast and can vary from case to case.

Some common types of accidents typically covered by premises liability can include:

• Slip and fall on public grounds such as a sidewalk or business entrance
• Slip and fall or trip and fall on private property
• Injury sustained on an amusement park ride
• Swimming pool drowning
• Assault on a public premises

The duty of a land owner may differ as a result two types of responsibilities they have towards individuals on their land (also differing according to what their state legislation focuses liability on). The first responsibility lies within the active conduct of the land owner towards individuals on their land and the condition of their property. The second responsibility lies within the status of the individual coming onto their land.

Conduct of land owner and condition of property

Often times, states will determine premises liability based on the condition of the property where an individual sustained injuries and the activities taken by the owner of the land to correct any problems that may cause harm.

Specifically, certain types of visitors to a piece of property are covered under a uniform standard of care. This means that a land owner is said to have the continuing duty to exercise reasonable care for the safety of the visitor, making sure that they take all of the necessary steps to ensure their visitors will not sustain injuries while on their land.

The owner also has a duty to inspect their land and correct any identified conditions that may cause harm to a visitor. If an owner has knowledge about a dangerous condition on their property but fail to take corrective measures, they can be found liable if a visitor sustains injuries from the dangerous condition.

Status of visitor

The duty of a land owner can also vary according to what status the visitor holds while on their property. Generally, three different labels are applied to visitors on someone else’s property: trespassers, licensees and invitees.

Trespasser- This is a visitor who enters a piece of property without a right to do so. In this case, the owner of the property has the lowest responsibility to the visitor, having no implied promise that they have taken the necessary steps to ensure their safety. However if the land owner becomes aware that the trespasser is on the property, then they have the responsibility to take action in warning them of any dangerous conditions.

A land owner’s responsibility is different with respect to children who are trespassing. In this case, it is the owner’s responsibility to warn the children about any dangerous conditions they know or should have known about and must take the necessary steps to exercise due care and eliminate those conditions.

Licensee- This is a visitor who has the permission and privilege to enter someone else’s property, typically for the purposes of convenience, pleasure or some other benefit to them. In this case, the land owner must take the necessary steps to warn the licensee of any dangerous conditions they are aware of.

Invitee- This is a visitor who has been invited onto the property by the land owner, including guests, friends, customers and potential customers. A land owner holds the highest responsibility to ensure the safety of an invitee, and must warn them of any dangerous conditions the owner knows about or should know about. A condition that the owner should know about is one that can be found through a reasonable inspection of the property and buildings on the property.

In order to maintain a successful premises liability case against an owner of property, an injured victim may have to prove the following conditions:

• Proof of property possession- In order to deem a property owner liable for someone’s injuries, there must be sufficient proof that the owner was in possession of the land at the time the victim sustained their injuries. Within the context of premises liability, an owner “possesses” land when:
  • They occupy the land with the intention to have control over it
  • They have been in occupation of the land with the intent to have control over it and had no other person intend to occupy and control it
  • They have acquired immediate occupation of the land with no other person intending to occupy or control it
• Proof of injury- A victim who has been injured while being a visitor on someone else’s property must be able to provide proof of their injury. Also, they must be able to prove that this injury was a direct result from a dangerous condition presented on the property.
• Proof of negligence on behalf of the owner- A victim who has sustained injuries on someone else’s property must prove negligence on behalf of the property owner. This means that not only should the injuries be a direct result of a dangerous condition presented on the property, but that the owner failed to exercise due car in correcting the condition they knew about or should have known about.

If an individual sustains injuries as a result of a property owner’s negligence, they may be able to recover some of the following damages from the premises owner:

• Money spent on medical bills in relation to those injuries sustained from the premises
• Lost income incurred as a result of the injury
• Compensation for pain and suffering
• Future wages if the victim is refrained from working

Preserving and documenting the evidence of the hazardous condition on someone else’s property is critical to a fast and successful resolution of a premises liability case. In order to do this correctly and effectively, an experienced premises liability lawyer should be contacted as soon as possible.

The premises liability attorneys at Rue & Ziffra, P.A. have experience representing injured individuals and their families in numerous premises liability cases. They are willing to fight hard for their clients’ rights to make sure their recovery is maximized and their rights are ensured.

Rue & Ziffra, P.A. proudly serves areas throughout central Florida in Volusia County and Flagler County.