Premises Liability Claims For Violent Acts
While slip and falls are the most common type of premises liability claim, property owners may also be liable for more intentional acts that harm guests on their property. This is true even if the perpetrator of these acts is never arrested for their crimes, and it ensures that the victim who suffered injury is compensated for the negligence on the part of the premises owner. If you or a loved one has been the victim of a violent act on someone else’s property, let the experienced Delray Beach personal injury lawyers at Earnhart Law take on your case. Call or contact our office today to schedule a free consultation of your premises liability claims.
Duty of Care
The first step in proving premises liability for a violent and intentional act on someone else’s property is establishing what duty of care existed for the guest. There are three main types of visitors under premises liability law: invitees, licensees, and trespassers. Invitees are those who are on the property for the economic benefit of the premises owner, such as customers or clients, and they are owed the highest duty of care. Property owners must routinely inspect their premises, fix any known hazards, and warn invitees of any dangers that they know or should have known about.
Licensees are guests who are on the property for social reasons, such as visiting friends or family at a condominium or apartment complex. Property owners owe them a slightly lower duty of care but are still required to fix any known hazards and warn licensees of any dangers that they are aware of. Trespassers are on the property without permission, and they are owed the least amount of care. Premises owners must not recklessly or intentionally harm a trespasser but are not required to warn them of any hazards on the property.
Proving Liability for Violent Acts
Proving premises liability for violent acts that occur on someone else’s property can be difficult without an experienced personal injury attorney on the case. A property owner is liable for intentional acts perpetrated on their premises if the crime is foreseeable and could have been prevented with adequate security measures. Other factors that are often considered when determining whether a property owner should be held liable for violent acts on their premises include the following:
- The owner’s response to reduce further violent acts,
- Area crime rates,
- Any history of violent acts on the property,
- The history of violence at similar types of property in the area,
- Whether proper background checks were performed on staff and security,
- What existing security measures are on the property, and
- Whether the property owner was informed about the potential for harm at their premises.
Call or Contact Our Office Now
Have you or someone you know been injured by a violent act as a customer or guest on someone else’s property? You may have a claim for compensation under premises liability law. To learn more about your legal options, call or contact Earnhart Law in Delray Beach today.