Does Disney Have a Duty? -- A Look at Premises Liability

June 2016

A slip and fall is a common premises liability case.  There are many other types of premises liability cases.  Premises liability legal principles have recently been in the news with the incident involving the alligator and the young boy at the Disney Park in Florida.  For that incident, the laws of Florida will apply.   Each state has its own laws regarding premises liability.  Some of the law comes by way of statute and some of the law is passed down by the caselaw through the principle of "stare decisis."

Many factors go into determining whether a premises liability case is viable.  A personal injury attorney must determine what status the injured person had on the property.   The status a person had can take on legal terms but some of the more common are "guest" or "trespasser."  An injured person's status on the property can determine what rules apply to the situation.  A different set of rules may apply if business was being done on the property.

As you can see, premises liability can be confusing for the injured person.  An injured person should seek the advice of experienced counsel regarding their personal injury case.

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