What Is Premises Liability Law, And How Can It Protect You?

What Is Premises Liability Law, And How Can It Protect You?

What Is Premises Liability Law, And How Can It Protect You

As a conscientious property owner, you know how important it is to ensure the safety of anyone who sets foot on your land. That’s why it pays to be familiar with premises liability law and understand its implications for both you and those visiting your property. Not only can this protect everyone involved from potential harm, but it also serves as an invaluable legal safeguard should any accidents occur. So, what is premises liability law?

This article will explore the fundamentals of premises liability law so that you have a better understanding of what measures are required to comply with these regulations and how they can benefit both parties if something goes wrong. So read on to learn more about what exactly constitutes premises liability laws in Hollywood, Florida, and why staying up-to-date on them is so important.

One of the best ways to understand premises liability law is by consulting with a premises liability and personal injury lawyer. In Florida, get in touch with Jared Spingarn, P.A., to help you understand the legal principles surrounding premises liability cases.

Premises Liability Law in Hollywood, Florida

Premises liability law refers to a body of rules and regulations that dictate the responsibility of property owners to ensure that their land is safe for visitors. These laws are in place to protect individuals who come onto another person’s premises from any harm or injury that may result from dangerous conditions on the property.

It is the owner’s responsibility to identify any hazards or risks that exist on their premises and take appropriate measures to address them. Additionally, it is important to note that premises liability law goes beyond just accidents that occur on the property.

It also applies to any violations of privacy or personal rights that visitors may experience while on your premises and any failure to provide adequate security for visitors and their belongings. Finally, these regulations are not limited to a certain property type; they apply equally to residential, commercial, and public spaces.

Premises Liability and Personal Injury

Premises liability is a part of personal injury cases that focuses on injuries sustained while on someone else’s property. The burden of proof lies with the injured party in these cases, and it is important to understand the applicable laws when filing a claim. Generally, property owners are expected to exercise reasonable care to ensure that there is no dangerous condition present on their property. When an unsafe condition is present that the owner knew about, and a serious injury occurs, the injured person may file a personal injury case against the property owner.

Categorizing Visitors in Premises Liability Cases

Categorizing Visitors in Premises Liability Cases

When it comes to premises liability cases, the injured party’s status can have a significant impact on determining fault. The classic approach to categorizing visitors on a property is based on their legal status in relation to the property. There are three basic categories: invitees, licensees, and trespassers. Furthermore, these categories include cases involving children and habitual trespassers.


Invitees are social guests or customers who have been invited onto the premises by the owner or tenant of the premises. Property owners must take steps to ensure that invitees are reasonably safe while on the premises.


Licensees are people who come onto the property for their own purposes, rather than at the invitation of the owner or tenant. The owner is only obligated to warn licensees of any known dangers on the premises.


Trespassers are people who come onto the property without permission or invitation from the owner. Property owners are generally not liable for trespasser injuries, except in certain cases where it can be proven that the owner acted with gross negligence or intent to harm.


In the case of children who enter someone else’s property, the property owner may be held liable if they should have expected that a child could enter the premises and become injured. This is known as the “attractive nuisance” doctrine, which holds property owners to a higher standard of care when it comes to protecting children from hazards on the property. Examples of an attractive nuisance can include trampolines, swimming pools, and abandoned machinery.

Habitual Trespassers

When an individual or group of people willfully trespass on a premise more than once without the owner’s permission, this is known as recurring trespassing. If the property owner failed to take adequate measures to prevent further occurrences such as displaying “no trespassing” signs and making it clear that unauthorized access will not be tolerated, they may be held liable for any damages caused by these repeated offenses.

The Doctrine of Negligence

This doctrine states that when a person acts in a way that does not meet the reasonable duty of care required for their situation, they may be held legally responsible for any damages caused by their actions. In Hollywood, Florida, the person who suffered the injury must show that:

  1. The property owner had a duty of care to protect them from harm;
  2. They breached this duty by failing to act with reasonable care;
  3. Their breach of duty resulted in the victim’s injury or loss.

Premises Liability Lawsuit

Suppose someone is injured on someone’s property, and the injury was likely due to the property owner’s negligence. In that case, they may be able to bring a premises liability lawsuit against that person. To do so, the injured person must prove that dangerous conditions on the property caused the accident and that the owner failed to address those hazards or risks adequately. The plaintiff also needs to show that the injury was foreseeable and that the owner should have taken reasonable steps to protect visitors from potential harm.

Examples of Premises Liability

A few common examples of premises liability lawsuits that may arise include the following:

1. Slip and Fall Accidents

Property owners must ensure that their premises are free of hazardous conditions, such as wet floors or icy sidewalks. These conditions may lead to slip and fall accidents, in which the property owner might be held liable for the unsafe condition of the floor.

2. Inadequate Security

Property owners must also provide adequate security measures to protect visitors from theft or assault while on the property. They must ensure to keep the property safe from intentional harm incidents to avoid liability.

3. Defective Products or Structures

If a product or structure on the property is defective or dangerous, the owner must take measures to ensure that visitors are not harmed by it. Suppose it is found that the property owner knew about a defective structure and continued to allow visitors on the property. In that case, they might be liable for accidents due to the said structure.

4. Negligent Supervision

If a property owner fails to supervise guests on their premises properly, they may be held liable for any injuries resulting from their negligence. Although the person injured may cause their own injury, the property owner might still be liable for the failure of supervision.

Premises Liability Insurance

Premises Liability Insurance

Fortunately, most property owners can purchase premises liability insurance to help cover any claims or legal fees that may arise from an injury on their property. This type of coverage is typically included in homeowners’ and business owner’s insurance policies, so all responsible landowners must ensure adequate coverage. When filing a premises liability insurance claim, it is up to the plaintiff to prove that the property owner is at fault for not identifying and addressing the hazard.

What types of damages are covered in a premises liability claim?

The damages that the property owner owed depends on the injury’s severity and the circumstances leading up to it. In a premises liability claim, the property owner can be held liable for any damages related to the injury, such as the following:

  • Medical expenses
  • Pain and suffering
  • Lost wages
  • Property damage
  • Emotional distress
  • Loss of consortium (for a family member’s emotional trauma)
  • Punitive damages (in cases where the defendant acted with gross negligence or intent to harm).

Proving Negligence in a Premises Liability Case

When it comes to determining claimant damages, contributory negligence and comparative fault can play a role. This means that potential compensation may be diminished or voided should the plaintiff’s carelessness have been a factor in causing the incident. The amount of blame attributable to the plaintiff will be quantified as a percentage when assessing any applicable reduction in penalty.

Determining Liability in Premises Liability Cases

It is important to note that the property owner may not always be held liable in a premises liability case. In determining liability, courts will consider the following:

  • Nature of the hazard
  • Foreseeability of harm
  • Reasonableness of any safety measures taken by the owner
  • Negligent behavior on behalf of the plaintiff.

Ultimately, it is up to a jury or judge to decide whether or not a property owner should be held liable for an injury that occurred on their premises.

Why do you need a lawyer

Why do you need a lawyer?

When filing a personal injury claim in Hollywood, Florida, it is important to seek legal representation from an experienced attorney from the law firm of Jared Spingarn. An attorney can help you navigate the legal process and ensure your rights are fully protected throughout your case.

From gathering evidence and building a strong argument to negotiating with insurance companies and representing you in court, an experienced personal injury lawyer will ensure that you are fairly compensated for your damages. They will also be able to advise you on any applicable laws and provide guidance throughout the legal process. Ultimately, a lawyer can help ensure you receive the compensation you deserve for the injury caused by someone else’s negligence.

How to Avoid Premises Liability

The best way to avoid premises liability is for property owners to exercise reasonable care about the safety of those on their premises. This includes regularly inspecting and maintaining the property, ensuring all safety features are in working order, properly informing guests of any known hazards, and responding promptly and appropriately to any complaints or concerns about possible risks. Property owners should also ensure they have the necessary insurance coverage to protect them in case of a premises liability claim. Additionally, posting signs warning against trespassing and taking steps to prevent unauthorized access can help reduce the risk of a lawsuit.

Ultimately, property owners have the legal responsibility to ensure the safety of all those who come onto their property, whether invited or not. With a little knowledge and precaution, premises liability claims can be avoided, and both parties will be better protected.


What is premises liability law? It is an important part of protecting individuals visiting another’s property from any harm or injury resulting from dangerous conditions. By familiarizing themselves with the law, property owners can take the necessary steps to protect themselves and their visitors from any possible claims.

Additionally, people must know their rights when bringing a case against a property owner. With the help of an experienced legal team led by Jared Spingarn, you can guarantee that your losses and injuries caused by another individual’s negligence are fully compensated.

>> If you’re involved in a premises liability case in Florida, don’t hesitate to reach out to Jared Spingarn, Accident Attorney, at 1-954-781-2316 for a Free Case Review or drop a message on their Contact Us page.