Americans were shocked recently when a small child died in a revolving restaurant. Sadly, the child fell and was killed by part of the turning mechanism. This is a classic example of a premises liability case. What is the property owner’s responsibility? In this particular case, warning signs should have been posted. The signs should warn the public that a dangerous condition exists. It could be a while before liability is determined in this case. Premises liability law is specific about categories of property visitors. Certainly, this child and his or her family were invitees.
Invitees are those who the owner invites onto the property. Examples include diners, shoppers and professional clients. Indeed, owners are legally obligated to make sure invitees are safe on the property. Next, licensees enter property for their own reasons with the owner’s consent. Examples include a house painter or an exterminator. In addition, some visitors are social guests invited by the owner. Finally, trespassers are those who enter without an invitation. Legally, owners are not responsible for licensees or trespassers. Many of the injured contact a premises liability attorney in Lake City.
The law holds the owner responsible if one of three scenarios is true. First, the owner or their agent must have caused the dangerous condition. Dangerous conditions do not have to be wet spots. For example, someone can slip on a worn step or due to a shaky hand-rail. Secondly, owners are responsible if they knew there was danger and did nothing. Finally, owners are liable if a “reasonable” person would have known about the hazard and taken care of it.
The “reasonable” theory centers around whether the owner has a system to check the property. For example, grocery store owners cannot check the aisles constantly for spills. Rather, the law states it is sufficient if they check at regular intervals. Liability also focuses on other questions. If someone trips over something on the ground, how long had it been there? Further, was there a good reason for the object to be there? If you or a loved one have been injured, contact a premises liability attorney in Lake City. Visit Northfloridaautoaccidentlawyer.com to make an appointment.