MERCEDES SANCHEZ
v.
MAC ACQUISITION, LLC, ETC.
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The duty to protect others from injury resulting from a dangerous condition on premises rests on the party with the right to control access to the property, whether owner, agent, or lessee, not on legal ownership alone.
[1] Premises liability duty to protect against dangerous conditions is imposed on the party possessing the right to control access to the property, not necessarily the legal…
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Join FLexlaw to unlock all legal intelligence“The duty to protect others from injury resulting from a dangerous condition on a premises does not rest on legal ownership of the dangerous area but on the right to control access by third parties which right usually exists in the one in possession and control of the premises.”
Statement of controlling principle from Bovis v. 7-Eleven, Inc., 505 So. 2d 661, 664 (Fla. 5th DCA 1987)
Mercedes Sanchez appealed a circuit court decision in a premises liability case involving MAC Acquisition, LLC.…
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PER CURIAM.
Affirmed. See Bovis v. 7-Eleven, Inc., 505 So. 2d 661, 664 (Fla. 5th
DCA 1987) (“[T]he duty to protect others from injury resulting from a dangerous condition on a premises does not rest on legal ownership of the dangerous area but on the right to control access by third parties which right usually exists in the one in possession and control of the premises.”); Bechtel
Corp. v. Batchelor, 250 So. 3d 187, 196 (Fla. 3d DCA 2018) (“[C]ontrol of property for purposes of premises liability means control that rises to the level of the ability to control access or exclude others from the property. ‘The duty to protect others from injury resulting from a dangerous condition on a premises rests on the party who has the right to control access by third parties to the premises, be it the owner, an agent, or a lessee of the property.’” (quoting Brown v. Suncharm Ranch, Inc., 748 So. 2d 1077, 1078 (Fla. 5th DCA 1999))); Bovis, 505 So. 2d at 663 (“In this case, as in the usual lease arrangement, the lessor had no right to control access by third parties to the leased premises and the lessee had actual possession and the right to control access to the leased premises . . . .”).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Bovis v. 7-Eleven, Inc., 505 So. 2d 661 (Fla. 5th DCA 1987)
- Brown v. Suncharm Ranch, Inc., 748 So. 2d 1077 (Fla. 5th DCA 1999)
- Bechtel Corp. v. Batchelor, 250 So. 3d 187 (Fla. 3d DCA 2018)