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Premises Liability - An Overview
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HANSON & HANSON, P.A.
Attorneys At Law
617 West Colonial Drive
Orlando, Florida 32804
Toll Free 1-800-426-7662
 
 
 

Every year, many people are hurt while in someone else's home or place of business. People may be injured on a flight of stairs, on a patch of ice or snow, or by a defect in the building. The law provides that property owners must keep their premises reasonably safe for people who are on the property lawfully. In some situations, such as those involving businesses that encourage the public to come in, the law may say that the property owner has the duty to inspect its premises, and to discover dangerous conditions. If you have been injured while on property belonging to someone else, it is essential that you seek legal counsel from experie...read more

Related Topics
Keeping the Premises Safe

Keeping the Premises Safe

A property owner, or a person in possession of property, has responsibilities regarding the safety of the premises. These responsibilities vary from state-to-state. They may even vary according to the type of visitors on the property. An attorney who is knowled...read more

 
Toxic Substances on the Property

Toxic substances may include numerous things, including some you may not think of as particularly hazardous, or some that were not regarded as dangerous when they were used. Examples include such common products as asbestos shingles or insulation, lead-based paint, or fluids drained from motor ve...read more

 
Disclosure

In many states, if you are selling or leasing residential real estate, you must disclose the existence of known hazardous substances on the property. Federal law requires the disclosure of lead hazards, such as lead plumbing or lead-based paint. State or local laws may require disclosure of other...read more

 
Governmental Immunity in Premises Liability Cases

One of the most common premises liability situations occurs when a member of the public is injured by a defect on a public sidewalk or roadway. For example, many accidents occur when traffic lights or signs malfunction, are obscured, or are not present at all. Another example is where a local gov...read more

 
Bad Tenants and the Landlord's Responsibilities

Landlords are obligated to provide their tenants with a reasonably safe place to live. In many states, this duty includes installing smoke alarms and sprinklers for fire protection, and peepholes and locks for protection against intruders. What about protection from other tenants? Unlike the tres...read more

 
Duties Owed By Property Owners And Possessors

In many states, property owners and possessors owe different degrees of responsibility, or duties, to people who come onto their property, depending on how such people are categorized. The law recognizes three main categories of people who might be on someone else's property: invitees, licensees,...read more

 
If someone falls and hurts him or herself on a hotel's premises, does he or she have any recourse against the hotel?
A hotel might be liable if someone slips or trips and falls on hotel premises. For example, if someone slips on spilled food or drink in a hotel bar or restaurant, snow and ice that has not been cleared from a walkway, or on wet tile floors or other slick surfaces, the hotel might be liable if it kn...read more
 
Can a hotel be held responsible if someone is the victim of a crime at or near the hotel?
A hotel cannot be held liable for crimes committed on or near the hotel unless it should have anticipated the crime (for example, the hotel is in a very high crime area) and could have prevented it, either by providing sufficient warnings or taking better security measures. In such situations, the h...read more
 
Can a college or school be held liable for an attack on a student that occurred on campus?
A student attacked on a college campus might have a negligence action against the college. In a developing area of premises liability law, courts have found entities such as universities, motels, convenience stores and shopping malls liable for attacks because they did not exercise reasonable care i...read more
 
If someone falls on a broken piece of a city sidewalk and is injured, can they sue the city?
In many states, statutes giving local governmental entities immunity prohibit recovery in many kinds of cases against cities or towns. If there is not such a statute or ordinance in place, however, someone may have a case against the city. Municipalities have a duty to keep streets and sidewalks in ...read more
 
Can someone attacked after withdrawing money from an automated teller machine (ATM) hold the bank responsible for the attack?
Under the legal theory of premises liability, customers have sued banks for failing to protect them from assault at ATMs. While there used to be no duty to provide security against such crimes, a duty has been recognized by the law in recent years. In such a case, a judge or jury would determine if ...read more
 
Do building owners have to have safety precautions, such as sprinklers and posted escape routes, in case of fires?
Building owners and/or management are required to exercise reasonable care to prevent injuries in case of fire, and should help people on their properties escape, which would probably include having sprinklers and posted escape routes....read more
 
Who is liable if a person is injured while walking on a public sidewalk next to a construction site, on a brick from the site?
In some circumstances, the injured person will be able to recover damages from the construction company, which has a duty to take reasonable steps to keep public sidewalks near its construction site free from bricks and other debris. If the company fails to remove such obstructions and someone trips...read more
 
What if someone gets injured while at the home of a neighbor, who invited him or her there for a party?
Social guests are sometimes able to recover from their hosts, depending on how their injuries happened. Homeowners must tell their guests about, or correct, any dangerous conditions that guests are unlikely to recognize. For example, if an injury was caused when a guest tripped on a throw rug, he or...read more
 
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