Premises liability is the responsibility people have to keep their property safe for others. Property owners generally have this responsibility, but others—such as tenants and property managers—can share it. When the people responsible for keeping their property safe fail to do so, and an injury occurs, you may have a premises liability case.
There are many common types of dangerous conditions in Miramar Beach premises liability cases. They often depend on whether the property is residential or commercial since conditions in businesses and homes differ. Dog bites, swimming pool accidents, and injuries from lack of security top the list.
Dog bites are prevalent in residential properties. People love their dogs and frequently underestimate their risk to other people. Even the friendliest dog can bite if they are sufficiently scared, agitated, or hurt. If a person is legally on the property, the dog owner may be responsible.
However, dog owners are not always responsible for dog bites, even for people legally on the property. If the dog owner warns people that the dog may bite and keeps it separated from people, but they approach the dog’s enclosure, they may assume the risk of a bite. The scenario can be very fact-specific, requiring a Miramar Beach lawyer’s advice about this common type of dangerous condition.
It is critical to understand that premises liability only extends to people who are legally on the property. The more welcome someone is on the property—like a guest—the greater the liability. However, in practical applications, a property owner has roughly the same duty to anyone legally on the property. That duty is to keep the property reasonably safe, remedy hazards when they notice them, or warn guests of the hazard.
People can be legally on the property in several ways. First, people can be invitees—those who are guests of the property owner or there to do business. People may also be licensees—those who are legally on the property but not there as guests or to carry out the property owner’s business. For example, repair people are licensees, not guests. The final category is trespassers—people who are illegally on the property. However, a property owner may have some duty towards certain trespassers. For example, children may be trespassers, but a property owner may still have a duty to keep them safe from an attractive nuisance like a swimming pool.
Many people erroneously believe they assume the risk if they enter a property illegally. However, that may not be true. Depending on the type of dangerous condition that caused the injury, a Miramar Beach property owner may still have some degree of liability.
There are several common types of dangerous conditions in Miramar Beach premises liability cases. When a situation is common, property owners may have notice that the situation could occur—increasing their chances of liability.
However, the condition does not have to be common to support a recovery. If a property owner failed to keep their property safe and that failure led to an injury, they may be responsible. A well-practiced lawyer at Emmanuel Sheppard & Condon could evaluate your injury and determine if it supports a premises liability claim. Call today to set up a case review with one of our seasoned legal professionals.