Premises Liability in Florida
Local 10 News recently reported that Airbnb has banned unauthorized “party houses” after five people were shot and killed at a Halloween party at an Airbnb rental house. The party, held on Halloween night at an Airbnb rental that specifically prohibited parties, was advertised on social media and had more than 100 people in attendance at the Orinda, California house that is located in the San Francisco Bay Area. Three people died at the scene and two others died at the hospital, according to the local Sheriff’s office. It is currently unknown how many people were injured, likely because while several of the injured were taken by ambulance to local hospitals by ambulance, multiple other victims transported themselves to the hospital. The incident remains under investigation and no suspects have been arrested.
While this tragic incident took place on the other side of the country, it also provides an opportunity to talk about why a property owner right here in the Sunshine Stats would – and should – place limitations on who he or she allows on the property. This is because of an area of law known as premises liability.
What is Premises Liability?
Premises liability is a form of negligence that holds landowners responsible for injuries that occur to others while on their property. If a visitor is injured on someone else’s property, he or she may seek to bring a lawsuit against the property owner. Generally speaking, property owners have a duty to make sure that their properties are safe for visitors. However, the degree of protection that is legally required typically depends on the status of person on the property. For purposes of premises liability, people who enter the premises of another are categorized as either invitees, licensees, or trespassers.
How Does the Duty of Care Vary Depending on the Type of Visitor?
Property owners owe different duties of care depending on the category under which a person enters their properties. These three categories are:
- Invitees – Property owners owe the highest level of care to this category of visitors who enter a property for business purposes. Owners are required to keep the property in a safe condition, do regular inspections, and either repair or provide notice of any known dangers on the premises.
- Licensee – These visitors come on the property solely for their own convenience and are afforded an intermediate level of care that requires owners to maintain the property in a reasonably safe manner and repair any unsafe conditions, as well as warn of known dangers on the property.
- Trespassers – These visitors enter without license or invitation by intruding on someone else’s property and therefore, an owner owes only a duty to prevent intentional or reckless injury. However, if a trespasser is discovered by a property owner, he or she becomes a licensee and the duty increases.
Contact An Experienced Attorney
If you have been injured on someone else’s property, you may be entitled to recover for your injuries. The best way to learn your legal options is to obtain help from someone experienced in premises liability cases who can review the circumstances of your injury and help you determine the best course of action to take. As the South Florida premises liability attorneys of Leifer & Ramirez, we are experienced in helping the victims of others’ negligence recover deserve compensation for injuries, including medical expenses, lost wages, and pain and suffering. Our initial consultation is free and most of our matters are handled on a contingency fee basis, which means there is no attorney fees unless you win. Therefore, contact us today for a no-obligation consultation.