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Premises Liability


Dealing with a Premises Liability Case?

Work with a Dedicated Ft Lauderdale Premises Liability Attorney

Premises liability can be a large issue for any owner of real property. These instances often require extensive knowledge of the law and a favorable outcome will generally require a lawyer who has experienced many similar cases in the past. Fortunately, Ft Lauderdale premises liability attorney Gabriela C. Novo has dealt with many premises liability cases and possesses the expertise to make the best of your situation.

As an owner of real property, it is important to inform yourself about the details surrounding premises liability, even before an incident occurs, and to consult with a Broward County premises liability attorney if any issues arise.

In simple terms, premises liability pertains to a landowner being held accountable for certain torts that can occur on real property. By extension, premises liability law is the body of law which makes the person who is in possession of land or premises responsible for certain injuries suffered by persons who are present on the premises.

These situations can range from “injuries caused by a variety of hazardous conditions, including open excavations, uneven pavement, standing water, crumbling curbs, wet floors, uncleared snow, icy walks, falling objects, inadequate security, insufficient lighting, concealed holes, improperly secured mats, or defects in chairs or benches”.[1]

For premises liability to apply:

  1. The defendant must possess the land or “premises“.[2]
  2. The plaintiff must be an invitee or, in certain cases, a licensee.[2][3]Traditionally, trespassers were not protected under premises liability law.[2][3]However, in 1968, the California Supreme Court issued a vastly influential opinion, Rowland v. Christian, 69 Cal.2d 108 (1968), which abolished the significance of legal distinctions such as invitee, licensee, or trespasser in determining whether one could hold the possessor of a premises liable for harm. This opinion led to changes in the law in many other states in the United States, and is viewed as a seminal opinion in the development of the law of premises liability.
  3. There must be negligence – a breach of the duty of care – or some otherwrongful act.[3] In recent years, the law of premises liability has evolved to include cases where a person is injured on the premises of another by a third person’s wrongful act, such as an assault. These cases are sometimes referred to as “third party premises liability” cases and they represent a highly complex and dynamic area of tort law. They pose especially complex legal issues of duty and causation because the injured party is seeking to hold a possessor or owner of property directly or vicariously liable when the immediate injury-producing act was, arguably, not caused by the possessor or owner.

At common law, in the case of landowners, the extent of their duty of care to those who came on their premises varied depending on whether a person was classified as a trespasser, licensee, orinvitee. This rule was eventually abolished in some common law jurisdictions.

If you are concerned about premises liability issues, or are potentially dealing with a lawsuit, it is in your best interest to contact Ft Lauderdale premises liability attorney Gabriela C. Novo. With extensive expertise premises liability law and other areas of personal injury as well as criminal defense, we will help you work towards the best possible solution.

CONTACT US

If you would like to speak with Ft Lauderdale Premises Liability Attorney Gabriela C. Novo, please call (954) 523-4100 or fill out the form below to schedule a consultation.

     

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Miami – Ft. Lauderdale – West Palm Beach