Under Which Scenarios Are Premises Liability Claims Possible?
What Happens If Someone Trespassing On A Property Has An Accident, Example Slipping, Can They Potentially Come After The Property Owner Or Is That Something That Would Be Covered Under, “You don’t belong on my property. I didn’t intentionally hurt you”.
If you were a trespasser on the property and there is an accidental injury, the person that was perpetrating the trespass has no known legal right under the law to make any criminal negligence claim against the other person.
What About Children? They Like To Wander In Secretive Places. Are Children Held To A Different Set Of Rules Or Laws?
Yes, children are held to a different standard because children under the law are not looked at to be able to make adult type decisions; therefore, they don’t have the same standard and the best example of this in the State of Florida is with regards to swimming pools. If you own a home in Florida, you must have a swimming pool gate, either around the perimeter of the water or at least around the perimeter of your yard, of your backyard, and that gate must have a working latch on it that is properly secured because swimming pools, are what under the law is called an attractive nuisance and what that means is that kids are going to try and go swimming and if you have this very dangerous waterhole in your yard, you must try and prevent kids from trespassing and going into your yard and under those circumstances a trespasser, if it’s a child, you would still be responsible for any injury which could have been avoided had you followed the law properly and that’s a legal prerequisite; people are actually required to have that type of barrier in homes.
If You Do Have A Secured Pool Area And The Child Still Makes It Through, Are You Still Liable Or Would That Be Considered ‘You Did Your Best’?
Maybe. The best example here is that there have been very successful, very large verdicts and settlements against apartment buildings which have community pools where you have children that live in the community and those pools have latches which are not kept properly, which the gate to the pool entrance is left open and doesn’t secure automatically and the building owners have knowledge that they have a dangerous condition in their property, which is a swimming pool, and they also have knowledge that there are students that live in the premises, then absolutely. Then there are cases where the pool pump doesn’t work properly or is not gated properly and as a result of the pool pump not gated properly, the kids get sucked in the water, so all those things do happen. They have happened in the past year in the state of Florida and it is something that if you own a type of business which has an inherent dangerous condition on it, which in this case would be a swimming pool, then you have a higher duty of responsibility than someone who is just a homeowner who had a backyard that had a little hole in it.
How Can Someone Be Held Responsible If Someone Is A Victim Of A Crime At Or Near Their Business Or Their Home?
The standard of care for a business is somewhat greater than that of a home and the reason is obvious – the business is a place where you are inviting people day in and day out, all day, all night depending on the type of business that you run, the type of establishment that you own.
For example, if you own a business which has a propensity for violence because you saw alcohol, because there are young people that congregate that you invite to sell alcohol on your business and you fail to provide adequate security and sooner or later, something really bad happens, somebody shoots somebody, you would be certainly responsible even though the shooting is a criminal act among the patrons of your business, they shouldn’t have fired their firearms but you would still be held responsible, held a hundred percent responsible for that incident occurring there when it’s something that was created by the business owner and then after creating it, they didn’t provide proper security to protect the other innocent people that were in the establishment. That happens all the time where you have a civil case, that’s a potentially very, very large civil case.
Can A College Or School Be Held Liable For An Attack On A Student That Occurred On Campus?
This is a new phenomena that is happening in our generation with regards to all the gun violence that is occurring throughout our country. In Florida, there has not been a case that is substantially similar yet regarding what are the civil responsibilities and not just the school but of the gun manufacturer in regards to this issue and it’s something that needs to be brought to the forefront. With the prevalence of guns, it is almost impossible to provide security for everything – it’s becoming really, really difficult and that is something that is a great issue for another book.
What About The Shooting Acts, Or When Assault Or Something Like That Happens?
According to Alexis Izquierdo, the gun lobby is out of control. In Florida, this legislative session, they try to amend the constitution to allow people that are in college campuses to carry firearms and have concealed firearms on their person while attending college campus classes. That is the conservative solution but they should try and limit how easy it is to buy a gun where it’s a joke anyone can buy a gun and if you go to any of these gun shows, there are people walking around and you buy them cash on hand and there is nothing that they want to do in aid of that helping making it more difficult and making background checks and waiting periods and those type of things – they don’t want to do any of that. So, the solution would be less like all the other countries that are civilized in our world, we are the only one.
Who Is Liable If Someone Is Injured While Walking On A Public Sidewalk, Maybe Close To A Construction Site? Who Is Liable In Those Cases And Is That A Premises Liability Claim?
There is a potential premises liability claim there, construction site cases, there is a lot going on in a construction site and there is a lot of responsibility and a lot of procedures that are already mandated when there is a construction site. Those type of accident cases are very, very detail oriented and the law firm of Alexis Izquierdo has handled numerous types of cases. If there was a condition that caused somebody to injure themselves and they were allowed to walk through there, then they have a responsibility to make sure that it’s kept safe.
What About Landowners? Are They Liable For Any Damages That Would Arise From Any Toxic Substances Found On Property?
Definitely. If you have a building and you provide homes for 100 residents and you discover that that building now has asbestos and you fail to inform your tenants, you are now polluting those families that live there with asbestos, absolutely you have a claim. The landowner has a responsibility to inspect and make sure that they are providing a safe place to rent to the tenants, which they are making money from.
If Someone Has Been Involved In More Than One Premises Liability Claim In The Past, Does That Have Any Effect On Their Chances Of Recovering Damages In This Case?
It may or may not. Sometimes people, just because of life experiences, suffer an injury where they were not at fault for having the injury and they recovered from the injury through doctors and rehab, and time passes and now something new happens in their life where they get injured again, sometimes reinjuring the same area of the body. That’s what is legally called a preexisting condition which has now been aggravated by the current accident and that is quite frequent and it does not mean you are barred from any type of recovery and it may even mean that you’re now in a situation where your case has even more value, not less value and the way that we look at that is we take our plaintiffs as they come and if you have an eggshell plaintiff with an eggshell skull and he happens to get tapped in his head and he breaks his skull, that’s how the gentleman came to the firm; so he has a catastrophic injury but he has the next time a preexisting condition and that’s okay. Most people do have preexisting conditions. Sometimes not, but usually if you’ve been around long enough in our society, things happen and it doesn’t mean that you will be limited or barred from any type of recovery.
If you have questions regarding Other Scenarios where a Premises Liability Claim is possible, call the law office of Alexis Izquierdo now at (305) 985-7800 and get the information and legal answers you’re seeking.
Get your questions answered - call me for your free, 20 min phone consultation (305) 985-7800