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In the state of Florida, as in other states, the owner-operator of a given parcel of property (i.e., the person or entity that “controls” the property) may be held liable for various injuries sustained by premises entrants, in certain circumstances.

If you have suffered an injury on another’s premises, you may be entitled to obtain compensation.  As such, it’s important that you consult with a skilled Fort Myers injury attorney as soon as practicable, so that your unique premises liability claims can be assessed and litigated in a timely fashion.

What if you’re not injured under “standard” premises liability circumstances?  What if, instead of a slip-and-fall accident, you are injured in a mugging incident in the parking lot of a department store?  Interestingly, liability may still be imposed on the owner-operator, though application of premises liability law can get a little more complicated.

Let’s take a quick look at how — and under what circumstances — Florida law imposes liability in cases involving third-party intentional torts and various other acts.

The Basics

As a general rule, Florida law does not impose blanket liability on a property owner-operator for the intentional and/or acts of third-parties.  For example, suppose that there is a freak incident (that is entirely unanticipated) in which a third-party attacks the customer of a small business.  There is no prior history of attacks, no threats were given beforehand — nothing to provide notice of the potential for injury.  In such cases where the acts of a third-party were unforeseeable, Florida does not generally impose liability.

This type of “unforeseeable” case is actually not that common, however.  In many cases, a particular property is being actively threatened or is in an area where there has been a string of similar incidents, such that the third-party act is foreseeable.

If you’ve been injured on the defendant’s premises due to the intentional acts of a third-party, you might have a legitimate claim against the defendant for failing to maintain their premises in a reasonably safe condition — which includes guarding against foreseeable third-party acts.

What is Foreseeable?

The core issue in many cases involving a third-party criminal act on another’s premises is whether the defendant owner-operator should have reasonably foreseen.  Foreseeability is a rather imprecise concept, but under Florida law, the following factors are critical to the determination of foreseeability:

The Third Party’s Inclinations

If the owner-operator of a premises is aware of a specific third-party and their inclination towards certain acts, and — further — that they are targeting the premises, then it could be reasonably argued that injuries caused by that third-party are foreseeable.

For example, suppose that a third-party tells the owner-operator of a restaurant that they are going to attack their customers in the parking lot.  The owner-operator has not only received the threat, but is also aware that the threatening third-party has a record that involves previous cases of assault and battery.  If you are attacked and injured while leaving the restaurant, then you would likely have a strong claim against the defendant owner-operator for failing to take reasonable measures to guard you against the risk of injury.

Prior Bad Acts

Prior bad acts in the area are a useful barometer for understanding whether a given act is reasonably foreseeable.  Whether the existence of prior bad acts makes a particular act foreseeable, however, depends on a number of factors, such as the geographical proximity of the prior acts, how recently those acts were committed, and the similarity of the prior acts to the act at issue.

If you have questions about making a possible claim against a third-party, contact Randall Spivey right away. He is an experienced Fort Myers personal injury attorney at the Spivey Law Firm, Personal Injury Attorneys, P.A. and he will provide a free and confidential consultation to discuss your options.