The landowner, property manager, landlord, tenant, occupant, etc. breached their legal duty to the injured party (typically by failing to keep the premises reasonably safe and / or to warn of
any known dangerous conditions on the property, or failing to investigate the potential for dangerous conditions in a commercial setting)
The landowner, property manager, landlord, tenant, occupant, etc. owed a legal duty to the injured party (typically, a duty to keep the premises reasonably safe and / or to warn of
any known dangerous conditions on the property, as well as a duty to investigate the potential for dangerous conditions in a commercial setting)
Though trespassers have few legal rights since generally they are on the property unlawfully, this does not mean that a trespasser can not have a successful legal action if there was
a known dangerous condition on the property that should have been remedied.
Not exact matches
Property owners are responsible for injuries that occur as a result of a dangerous or hazardous condition on their property, which the owner knew about, or should have know
Property owners are responsible for injuries that occur as a result of a
dangerous or hazardous
condition on their
property, which the owner knew about, or should have know
property, which the owner
knew about, or should have
known about.
When you get hurt
on someone else's
property, it might be because of
dangerous conditions that were allowed to exist even though they were
known about by the party responsible for the
property.
Essentially, under Florida negligent security law, a crime victim can obtain money damages from the defendant if he or she can provide sufficient evidence that there was (1) a
dangerous condition on the
property and (2) the defendant
knew — or reasonably should have
known about it but (3) he or she did not take reasonable steps to make the place safe or at least minimize the danger and (4) as a result, the plaintiff was hurt.
You must be able to prove that the owner of the
property knew, or should have
known, that there was a
dangerous condition on his
property and did not act to lessen the danger.
Negligence can be shown if the injuries were caused by a
dangerous condition on the
property that the landowner created,
knew about, or should have
known about in the exercise of reasonable care and inspection.
Additionally, if the owner or
property maintainer
knows that there is a
dangerous condition on the
property, they may avoid liability by providing warning to guests.
It comes down to whether there was a «
dangerous condition»
on the
property that the
property owner should have
known about, and that a «reasonable
property owner» would have found and fixed before anyone could get hurt.
Plaintiff alleged premises liability for negligence in failure to address a potentially
dangerous condition on the
property (i.e., lack of protective features around the rear of the cabana that abuts a curve around which drivers were
known to speed).
This is generally applicable if the
property owner
knew of a
dangerous condition on the
property and did nothing to fix it and did not warn others of the potential hazard.
A
property owner or occupier has a duty to warn licensees of
dangerous conditions on the
property that create an unreasonable risk of harm if the
property owner or occupier
knows about the
condition and it is not likely to be discovered by the licensee.
Owners or occupiers of
property are obligated to protect persons lawfully
on their
property from injuries caused by
dangerous conditions that the owner or occupier was aware of or should have
known existed.
«It also is well settled in our jurisprudence that there is an affirmative duty
on owners and possessors of
property: «to exercise reasonable care for the safety of persons reasonably expected to be
on the premises * * * includ [ing] an obligation to protect against the risks of a
dangerous condition existing
on the premises, provided the landowner
knows of, or by the exercise of reasonable care would have discovered, the
dangerous condition.»
Regardless of who is liable, in order to establish a premises liability claim there must be some evidence of a defect or a
dangerous condition on the
property that caused the injury, and evidence that the
property owner should have
known of the
dangerous condition.