Spring Break, Florida, and Premises Liability
It’s almost that time—and the planning is happening now.
Spring break in Florida is a decades old tradition, occurring in March and April throughout the state. College and high school students and their families look forward to the time off, and those in colder climates feel the warmth of the Florida sun calling. Unfortunately, many of those visiting will be involved in accidents and become injured—and some of those injuries will be suffered by no fault of the injured party.
If those injuries have occurred on property owned by someone else, the question of liability for visitor injury in the state of Florida falls under Florida premises liability law.
In a general sense, property owners have a duty to ensure their properties are safe for their guests. This applies to homeowners, property managers, restaurants, and large commercial properties like malls and hotels.
If an injured party wants to prove that his or her injuries resulted from the property owner’s failure to make the property safe, the injured person will need to prove that:
The property owner knew—or should have known—that the dangerous condition existed
The property owner, knowing of the dangerous condition, failed to address it by repairing it, or at minimum giving proper warning
And finally, the injured party must show that he or she were in fact injured by the same dangerous condition
Most of the time, if the property owner can prove they did not know or have reason to know about the condition, they can’t be held responsible for injuries suffered there. And those entering another person’s property are still required to exercise reasonable care to ensure their own safety.
And that’s where the law can get tricky.
Varying Levels of Premises Obligation
Certain types of visitors are entitled to a higher level of obligation to protect from the property owner:
- Invitees: This is the highest level of obligation to protect—typically a customer to a store would be considered an invitee
- Licensee: The obligation of protection is somewhat mitigated for social guests who are there at the consent of the owner or operator
- Trespasser: The obligation is at the lowest level to protect for someone who enters a property without any right to do so—but there still is an obligation of at minimum reasonable warning
And in each case above, there is a special duty is owned to children. This part of the law is in effect even if the child is a trespasser. Most familiar is perhaps the attractive nuisance situation, in which something like a swimming pool could be reasonably thought to be attractive to a child. So it must be protected from children to prevent accidents—hence locked screening around pools, pool fences, etc.
Florida Premises Liability Covers In.. and Out…
Both the inside and outside areas of property have an obligation to be maintained in a safe manner by property owners and business operators. Poor lighting, trip hazards on sidewalks, water on floors, items for sale stacked on high shelves—even dangerous pets—all fall under premises liability.
Accidents can happen anytime, but during spring break, with so many visitors in unfamiliar territory—It’s an especially dangerous time.
Have you or someone you love been injured while on Spring Break?
Call Thomas & Pearly immediately if you or a loved one was hurt (or worse):
Accident in a store, hotel, or shopping center
Slip and fall incident inside or out
Pool accident at a hotel (or someone else’s home)
Bitten by a dog
Accident while working as a contractor on someone’s home or business
Injury inside or outside a business or home
The attorneys at Thomas and Pearl can evaluate your case and explain options available to you to pursue compensation for the injuries suffered.
$150 MILLION in verdicts and settlements
Thomas & Pearl attorneys have the skills and training, plus the financial resources necessary to take on the big hotel, entertainment and amusement park operators, and to negotiate settlements favorable for our clients. And Thomas & Pearl Attorneys will absolutely litigate to protect your rights and get you the compensation you deserve.
Ask about our experience as attorneys helping victims of injuries.
Ask about the more than $150M (MILLION) dollars in recent and past jury verdicts and settlements we have gained for our clients.
We’ll evaluate your case situation with you, develop a strategy to win or successfully negotiate the highest amount of compensation for you.
Experienced legal help can make the difference between a successful resolution and losing in court. And you pay nothing unless we get that successful resolution for you.
Contact Thomas & Pearl at any time.