Articles Posted in Premises Liability

Premises liability cases in Hollywood and other communities hinge on the idea that property owners owe a duty of care to the people who visit their properties. However, it is important to keep in mind that different types of visitors are owed different levels of care under the law. When it comes to premises liability, visitors are divided into a few categories:

1) Invitees. The highest level of care is owed to invitees or those who are invited to a property for business or commercial purposes that can benefit the property owner. For instance, diners at a restaurant and shoppers at a retail store are both invitees. However, workers who must access a property in order to do their job are also considered invitees. For example, utility workers and maintenance workers who need to access a property as part of their work are also considered invitees. Property owners are expected to inspect their properties regularly and fix any hazards to keep invitees safe. If there is a hazard that cannot be fixed right away, property owners are expected to provide a warning sign.

2) Licensees. Social guests such as friends and family fall under this category. For these guests, property owners are expected to correctly maintain a property and fix any dangers that are known. Unlike with invitees, property owners are not expected to check specifically for hazards.

3) Trespassers. Although they have fewer rights, trespassers still have some rights. Property owners are not allowed to make a hazardous condition on their property more dangerous and they are not allowed to intentionally create hazards on a property to discourage trespassing.

4) Children. Property owners have a special duty to protect children from hazards on their properties – and in some cases this duty extends to children trespassing on the property. In fact, under the “attractive nuisance doctrine,” property owners are expected to especially take precautions against any conditions on their property that could attract children who may trespass on the property. For example, if a homeowner has a pool in their backyard, they are expected to have a fence and locking gate around the pool area to prevent pool injuries at their Hollywood property. If a child trespasses and injures themselves on a trampoline, playground equipment, old appliances, or other items that are deemed attractive to a child, the homeowner may be held liable, even if the child was not invited onto the property.

In premises liability cases, personal injury plaintiffs in Hollywood need to prove three things:

•The property owner should have known about a hazard or did know about it
•The property owner did not fix a dangerous condition or failed to post warnings about the condition if it could not be fixed
•The plaintiff was injured by the condition
In addition, a court will decide what type of visitor the plaintiff was on the property. If the plaintiff was an invitee, for example, they will be owed more care and may be more likely to recover damages if they were injured on the property.

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During the holiday season, many Coral Springs families are hosting holiday get-togethers or are having visitors in their home. In addition, holidays usually mean more deliveries and delivery personnel arriving at many homes. While it can be great to create a warm and inviting atmosphere in your home, an increase of traffic at your house can increase the risk of Coral Springs premises liability claims if someone is injured on your property. There many ways to enjoy a safe holiday season while preventing accidents at your home:

1) Use extra caution if children will be guests in your home. Children are more likely to explore the house and get into possibly risky situations. If you know that there will be young children visiting your home for the holiday season, make sure that you childproof your home as far as possible. Hide lighters, flammable liquids, toxic cleaning chemicals, sharp objects, and other items which can be dangerous to small children. Arrange to have small children supervised at all times by at least two adults to prevent injuries and accidents.

2) Make sure the exterior of your home is well-lit in the evening if you are expecting visitors. Proper lighting can help prevent Coral Springs trip and fall accidents as well as other injuries. There are holiday lights as well as temporary lights that you can purchase at most hardware stores that can help with your lighting needs.

3) Keep pets away from guests and indoors. Holidays often mean more stress for pets, and this can lead to a Coral Springs dog bite or animal attack. When guests visit, keep animals in a separate room of the house to keep them less stressed and to prevent accidents and injuries.

4) Check decorations for fire hazards and injury hazards. Holiday decorations are beautiful, but they can easily turn deadly. When unpacking holiday decorations for the season, carefully check for wear and tear. Any holiday decorations that pose a hazard should be replaced immediately. For example, holiday lights with worn cords and holiday decorations that have small parts which can become detached should be replaced with safer decorating options.

5) Follow food safety guidelines. When preparing food, especially meat dishes, make sure that you follow instructions for heating time and temperature. Use a thermometer in order to check that the meat is correctly cooked and wipe down cooking surfaces as well as food preparation surfaces often to prevent cross contamination. When preparing food and handling raw meat, wash hands often to prevent bacteria from spreading. When you serve food, make sure that hot dishes are served very hot. Wrap up leftovers promptly and store them correctly in the refrigerator to ensure that they do not cause food poisoning.

6) Check for trip and fall and slip and fall hazards. For example, check to make sure that rugs and carpets are secure and that pathways and flooring surfaces are clear of objects that could pose a tripping hazard. Outdoors, make sure that walkways are clear and even, offering a safe path for visitors.

7) Secure your pool area. Coral Springs pool injuries and near drowning can still be a danger during the winter. If guests will be using your pool this winter, make sure that the pool area is safe to use and is supervised at all times. If your pool is closed up for the season, make sure that you use an alarm and a self-locking gate to keep children and other visitors from the pool area.

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Miami has thousands of businesses as well as millions of homes, and the owners of each of those properties have the potential for becoming involved in a Miami premises liability lawsuit. Premises liability laws are designed to keep the community at large safer by ensuring that property owners have a legal obligation to keep their properties safe for tenants, guests, visitors, and employees. In many cases, Miami premises liability issues arise because of a few common causes:

1) Construction site and work site accidents. If you have someone working in your business or in your home, you need to ensure that they are adequately covered by insurance. You also need to provide a safe environment for that worker. This may mean adequate lighting, a safe place to work, and adequate signs about any hazards that cannot be removed.

2) Miami accidental drowning and pool-related injuries. Many homes in Miami have pools to take advantage of the beautiful weather, and even some businesses have pools. Many businesses in the tourism industry have pools for guests or even shallow reflecting pools for decoration. These can pose a drowning a hazard and it is up to the property owner to ensure adequate supervision as well as adequate security precautions to prevent such accidents. Businesses and homeowners may need to install self-locking gates, motion sensors, alarms, and other security features to keep visitors and guests safe.

3) Inadequate security. Like all large cities, Miami sees its share of violent crimes, including assault, rape, and other crimes. In many cases, the owner of the property where the crime occurred can be held partly liable – even if the perpetrator is never caught – if the crime was foreseeable and if adequate measures were not taken to prevent the crime. Adequate lighting, security systems, and informational flyers about crimes in the area can make businesses safer for visitors and can make business owners safer from premises liability claims.
4) Amusement park injuries and accidents. Miami is famous the world over for Disneyworld, and the area has dozens of amusement parks in addition to the famous Disney park. Miami amusement park accidents and injuries are rare, but when they do occur, they can be fatal or can lead to permanent injuries. Amusement park owners have an obligation to keep their properties safe for visitors and employees. When they fail to do so, legal action is the likely result if anyone is injured.

5) Slip and fall accidents. Miami slip and fall accidents are the most common type of premises liability case in the city. Quite simply, property owners have a duty to keep their property free of tripping hazards, ice and snow, spilled water, and any other dangers that could cause someone to slip and fall. Running regular checks of the property and having a system in place for quickly eliminating dangers can help property owners keep visitors and customers safer.

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