Liabilities Attached To A Special Use Permit

A special use permit allows its holder to use a piece of property for a purpose other than which it was intended or for a public event. These permits are granted by the state permit authority and can be awarded for a private or public owned property. However, although they allow the activity, these permits typically do not change the property owner or event host's liability.

Premise Liability

Premise liability law states that a property owner or occupier is responsible for any injury occurring on the property to an invited and possibly even uninvited guest. This sector of the law requires owners and occupiers to keep the property in safe working order and make known any dangers that could befall a guest on the property. The extent of liability depends on whether or not the guest was invited or reasonably anticipated to use the property and the type of injury.

A special use permit holder is not exempt from these types of laws. In fact, they most likely extend liability to cover those accidents and injuries likely to occur during the event for which the permit was acquired. This means that the permit holder is responsible for any reasonably foreseeable injuries that could happen during the special event.

Liability to the City or State

By applying and being granted a special use permit, the permit holder is presenting him or herself as capable of safely hosting such an event. Although the permit granting authority will investigate the application, they may not do so very thoroughly. Therefore, if the permit holder is found to have lied or otherwise be in violation of any local or state laws, he or she can be ticketed and fined. These violations could be civil or criminal in nature.

Typical laws that could be violated include noise restrictions and serving alcoholic beverages. If a violation is believed to have occurred, the state can prosecute the permit holder to the full extent of the law. Many times, special use permit holders will be required to have insurance for the event; failing to have insurance could result in a fine or other action taken against the holder by the state, as well as needing to pay for any injury out of his or her pocket.

Getting Legal Help

If you hosted an event under a special use permit and a guest was injured, seek legal assistance in protecting yourself against claims of liability. An attorney will be able to evaluate the facts of your case and advise you on the best process to avoid needing to pay heavy fines or compensate for injuries.

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