Premises Liability Is Far More Than Just Slipping & Falling
Michael Babboni
Premises Liability
Throughout St. Petersburg and the rest of Florida, there is a legal concept known as premises liability. Premises liability means that the owner or manager of a property has specific primary responsibilities to ensure the safety of people visiting that property.If these responsibilities, known as "duty of care," are not observed, and someone is injured as a result, that is premises liability, and the property owner can be sued for the injury or death that resulted.
The most common cause of such injuries is known as the "slip and fall." As the name suggests, this is when someone slips and then falls due to causes that could—and should—have been easily prevented. An auto repair garage spilling motor oil on a floor and not cleaning it up is one example. Or an office where an extension cord has been strung across the floor to reach an electrical outlet, causing people to trip, is another.
However, as common as slip and fall cases are, they are far from being the only type of premises liability that people can go to a lawyer for. Many other types of cases exist, such as:
Poor/Improper Maintenance
Florida is home to many world-famous attractions, including amusement parks with complex rides and other attractions. These attractions can be thrilling for visitors and safe as long as proper inspections and maintenance are observed.
However, there are instances where money overcomes safety. Sometimes, the idea of losing a day's worth of cash to take a popular attraction offline for repairs overcomes the need to protect visitors. If a company decides not to repair a faulty attraction, resulting in injury or even death, that's also premises liability.
Weapon Storage
Many homeowners choose to exercise their constitutional right and domestic responsibility to protect their property by owning firearms. However, with ownership of a gun also comes a primary legal obligation to store that weapon safely.
Some homeowners fail to exercise this second responsibility and leave weapons loaded and easily accessible in places like nightstands or even coffee tables, "just in case." The thinking is that if a home invasion takes place, then it's faster to reach out for a gun already loaded than retrieving it from a gun safe. However, if others, such as children, come across the weapon and use it, injuring or killing others, this is the homeowner's responsibility for improper storage.
Dog Bites
Dogs are considered man's best friend, but that doesn't mean they extend this friendliness to everyone they come across. Some dogs are both aggressive and territorial and will attack people they perceive as invaders, including children visiting a household.
If a dog owner knows that an animal is hostile to visitors but allows that animal to interact with others anyway, resulting in an attack, that's also premises liability. A dog attack could have been easily prevented had the dog owner simply restrained the animal or kept it elsewhere while visitors were present.
If you or someone you know was injured on someone else's property due to negligence, it doesn't matter if it wasn't a slip and fall. Talk to a lawyer about a premises liability lawsuit.