Injuries from Criminal Activity & Premises Liability Laws

In cases where a property owner fails to reasonably protect visitors and patrons from injury (whether from criminal activity or other issues) premises liability law may hold that property owner accountable for damages.

In June 2011, police in Florida investigated a fatal shooting at a 24-hour eatery in east Orlando, FL that has been the scene of violence and criminal activity in recent years, according to the Orlando Sentinel. The incident in the parking lot of a Denny's involved the shooting death of a man at about 2:07 am.

Each day, business owner’s unsafe premises cause people to get injured resulting in serious injuries, death, and emotional distress, including injuries to the hip, brain, or spinal cord.

Owners Liability for Criminal Activity on the Premises

The law in Florida on a business owner or occupier of land's responsibility for criminal acts of another person may differ from other types of dangers on the premises, such as slips and falls. When the business knows of a particular threat about to occur or where a business owner allows a crime with high history of similar acts can a person try to hold a business owner accountable for the crime of a third party.

A Property Owners Basic Duty

Premises liability laws other than criminal situations usually require property owners to keep a business place in a reasonably safe condition. Business owners must warn invitees, such as people who go to a store to buy products, of any hidden hazards, and fix unsafe conditions that they know or should know about. Examples of defective situations:

• Object on ground
• Wet floor
• Hole in ground
• Uneven ground
• Area under repair

What is "Reasonably Safe"?

An unreasonably long period of time for a business owner to let an unsafe condition exist depends on the property and the time another business owner in a similar situation would recognize and repair the hazard. For example, for a restaurant, the reasonableness of time might be shorter than for remote areas where there is less public traffic.

The business owner may have insurance to offset the risks of premises liability. Insurance companies may claim the injured individual was not paying attention, assumed the risks of an unsafe situation, or otherwise contributed to the damages.