The responsibility of an operator of land, or land upon which a business is under actual or constructive control, can give rise to a general premises liability theory of failing to protect against reasonably foreseeable harm.
Although no landowner is an insurer of the safety of his or her premises, every landowner (or one in possession or control) has a general duty to keep his or her property in reasonably safe condition, or, at least, to help prevent a crime, and warn of dangers that are not open and notorious.
It is a rare instance, indeed, where criminal attacks are open and notorious, and, thus, where a business owner is, or should be aware of the danger of criminals attacking its patrons, it owes a duty, at a minimum, to warn of such impending danger. Along these lines, although some courts have deemed that a landowner does not have a duty to investigate the existence and danger of a criminal attack, the landowner unquestionably has a duty to warn others of those dangers to which he has, or should have, superior knowledge.
To learn more about general landowner negligent security duties to patrons, please contact the Florida law experts at Corless Barfield Trial Group at 813-498-1623.
