Premises Liability Basics

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Rami Shmuely, an attorney with Chavin Mitchell Shmuely PA in Miami, FL, has practiced law for more than a decade. In particular, Rami Shmuely is experienced in handling premises liability and injury claims.

Premises liability means the owner or non-owner resident of a property can be responsible when a visitor is injured on the property. While the owner is considered to have offered an implied promise regarding the safety of the property, the visitor is expected to use the property in a reasonable manner.

In many premises liability cases, liability is split to some extent between the property holder and the injured party. If the accident was a foreseeable consequence of the status of the property and the property holder made little effort to prevent or give warning of the circumstances, such as leaving a damaged step in position without repair or warning signs, the property owner is more likely to be legally considered at fault. If the visitor was using the property in a reckless manner, such as grinding down a handrail with a skateboard, then the visitor is more likely to be considered at fault. The division of fault between the two parties affects monetary damage awards.