Premises Liability in Tampa Fl – Corless Barfield Trial Group
Premises liability generally revolves around the duty of a landowner, or person in possession or control of the property, to maintain its premises in a reasonably safe condition, or at a minimum, warn those who may come on the property about dangerous conditions of which they might otherwise not be aware.
The two most common litigated subjects of this area of the law are negligent security cases and slip-and-fall cases. Critical issues must be addressed such as who has possession or control of the premises and what is the status of the injured person.
- The duty to take reasonable steps to maintain property in a safe condition falls upon the person or entity that has the right to maintain control over the property. If the property is entirely leased to another who then has responsibility for the maintenance, the lessee may be who bears responsibility for the safety of the property. Under many circumstances, both the landowner and the tenant may have sufficient control over the property to be responsible for its safety.
- The status of the “visitor” is important as well. Is the visitor a business invitee, a licensee, or a trespasser? If a trespasser, is that person discovered or undiscovered (“undiscovered” meaning that his presence was not detected within 24 hours preceding the incident)?
As a result, every premises liability case begins with an examination of the duty of the person in control of the property and the status of the visitor.