What is Premises Liability?
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Miami Negligent Security Lawyer Gives Examples of Premises Liability
Premises liability is a legal doctrine that places liability on businesses and property owners when a person is injured or killed due to a dangerous condition on their property. In this video, Miami premises liability attorney Joe Kalbac explains two cases he has handled in the past involving negligent security, a type of premises liability. Businesses, including hotels and resorts in Florida, are required to take reasonable security measures to keep their guests safe from assault, robbery and other crimes. When property owners fail to take these necessary security precautions, they may be held liable for the resulting injuries to guests.
An example of a premises liability case might be like a case I handled recently. It involved a 12-year-old boy who with his two 12-year-old friends went to a movie theater in a shopping center to see a movie. After the movie, they walked across the mall to a restaurant, they got something to eat then they walked to a convenience store where they were accosted, followed and then beat unconscious. In that particular case, the little boy was beaten unconscious to the point where he needed to learn to read, write and do all of the everyday things of living. In that particular case we were able to show that there was an incredible amount of crime in this particular shopping center and that on most nights, they had security but on this particular night, they didn’t.
Another example of a premises liability case is another negligent security case. In this particular case, a father of two children with a wife went to a gas station to buy milk for the next day so his children could have milk for breakfast in the morning. As he was leaving that particular gas station, he was assaulted by a gentleman that came up, put a gun to his chest, asked for his wallet and then shot and killed him. In that particular case, we were able to show a long history of assaults in and around the convenience store and were able to recover for that particular family.