Do Special Use Permits Effect Premise Liability?

A special use permit allows a group or individual to use a property in a way that it was not originally designed or to use a public property for a private purpose. These permits are granted by the local government and usually cost a fee. However, such licenses do not necessarily protect the holder against liability for injury occurring on the premises. Below is a discussion of the possibility circumstances under which a party may be subject to premise liability despite holding a special use permit.

The Short Answer: No

A special use permit allows a party to use a space or piece of property, but goes no further than that. This means that it provides the holder no protection against the being held liable for injury that occurs on the property during the event.

However…The Legal Exception

There is a chance that, if the permit holder was unaware of a potential danger and the landowner was aware of the danger, that the property owner would be found liable for the damages. This could occur either through the permit holder requesting that the property owner be joined in a liability lawsuit or the permit holder seeking reimbursement from the property owner for compensation paid to an injured party.

Further Exceptions

A special use permit allows the activity that was claimed to be planned on the property. A guest not engaging in that activity that has used the property in an unexpected or unusual way may not be entitled to compensation. This is because there was no opportunity for either the permit holder or property owner to protect guests against this use. However, if the guest’s activities could reasonably be anticipated, the property owner and permit holder may be responsible.

A false permit is another situation in which the permit holder may be responsible for injury occurring during the event. If the permit holder lied or concealed the real purpose of the event or did not detail the full extent of the activities to be held on the property, he will be responsible for the damage or injury caused to a guest because he did not allow the permit granters or property owner the chance to prevent injury from happening. The belief is that if the truth had been told, the event would have been prohibited and no injury would have occurred.

Get Legal Assistance

If you hosted an event under a special use permit and a guest was injured, seek legal assistance in protecting yourself against claims by the injured party. An attorney will be able to detail the possible liability for which you may be held responsible and how to defend yourself against those allegations.

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