Kurzban Kurzban Tetzeli and Pratt P.A.
Nationwide Firm
Injury, Immigration and Business Attorneys
Aggressive Advocacy and Exceptional Civil Litigation Success

What hazards is a property owner responsible for?

Nearly everyone in Miami walking through a grocery store or department store has seen the yellow caution signs warning customers of wet floors, often while employees mop floors, clean a spill or a store addresses a leaky roof. This is done to not only protect a customer from potential hazards at a store, but also to protect the property owner or store management from a premises liability lawsuit.

Determining liability following an injury or death on someone else's property is not always easy, and a few factors must be taken under consideration by the courts before a ruling can be made. First, the courts will determine the legal status of the visitor. What does this mean? One must first as the question why is the person on someone else's property? An invitee is the term used for someone such as a customer, who is on the premises. A licensee, such as a mail courier, may be on the property to provide a service. A social guest is considered as anyone who is a "welcome visitor" to the property, and a trespasser is someone who enters property without the right to do so.

Next, the condition of the property will be considered, as well as the circumstances of the victim entering the property. For both invitees and licensees, it is the property owner's responsibility to assure that potentially dangerous conditions are addressed or that a warning has been given for potential hazards.

The courts will also consider the purpose of the property; for example, a company's quarry or mine has inherent dangers that cannot be fully protected, however fencing or netting and signs warning trespassers of the dangers may be sufficient. However, if it can be proven that a property or store owner failed to exercise reasonable care to protect the safety of the visitor, they may be considered negligent.

Source: FindLaw, "Premises Liability: Who is Responsible?" Accessed Feb. 28, 2017

No Comments

Leave a comment
Comment Information
Kurzban's Immigration Law Sourcebook

We Literally Wrote The Book On Immigration Law

Our firm is a recognized leader in immigration law and litigation. We handle the spectrum from family and employment-based visas to deportation defense and immigration appeals. Founding partner Ira Kurzban authored the Immigration Law Sourcebook, widely used by immigration lawyers, judges and government officials as the authoritative field reference.

Aggressive Advocacy and Exceptional Civil Litigation Successes Call Our Firm at 786-401-4706 or Fill Out the Secure Form Below

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

IIUSA | 2018 EB-5 Industry Achievement Awards | Litigator Of The Year |Kurzban Kurzban Weinger Tetzeli & Pratt P.A.
2018 EB-5 Industry Achievement Award

Miami Office
2650 SW 27th Avenue
2nd Floor
Miami, FL 33133

Phone: 786-401-4706
Fax: 305-444-3503
Miami Law Office Map

Jacksonville Office
10752 Deerwood Park Boulevard South
Suite 100
Jacksonville, FL 32256

Map & Directions

Jed Kurzban Of Counsel at Damon Key Leong Kupchak Hastert, A Law Corporation
1003 Bishop Street
Suite 1600
Pauahi Tower
Honolulu, HI 96813
Phone: 808-531-8031

Kurzban Kurzban Tetzeli and Pratt P.A.