Premise Liability

Amid both fanfare and controversy, a recent anti-riot bill was passed by Florida lawmakers and signed into law on April 19, 2021. NBC Miami News Channel 6 outlined some of the key points of the Combating Public Disorder Act, which aims to crack down on violent, unlawful misconduct stemming from civil unrest. Proponents have argued that the new law protects businesses and supports law enforcement when peaceful protests turn into physical aggression and illegal criminal activity. Opponents contend that the anti-riot law disproportionately affects minorities and amounts to racism, in addition to being a restriction on First Amendment free speech rights.

Regardless of your view of the anti-riot statute in Florida, there are implications that you may not expect if you are pursuing a negligent property owner after being injured. One provision may benefit your claim, while another imposes significant limitations on your legal rights. Your Miami premises liability attorney can describe the implications, but an overview of the anti-riot law may be helpful.

The GOOD: Elimination of a key barrier to civil claims. Government bodies and agencies enjoy sovereign immunity, a legal concept that provides these entities with protection from civil lawsuits. For instance, you typically cannot sue the City of Miami if you slip and fall on municipal property. The anti-riot bill strips sovereign immunity from any government body that interferes with law enforcement in protecting the public during civil unrest. In other words, you could sue Miami if the city defunds the police, and you were subsequently hurt during a riot.

While it may not be a place where you shop often, there is a good chance that you visit a South Florida convenience store from time to time for gas, a quick snack, lottery tickets, or other basics. Unfortunately, these spots can be a target for various forms of criminal activity. The 24×7 hours, limited number of employees, availability of cash, and other factors can make these stores dangerous for customers. If you are familiar with basic laws regarding premises liability, you may know that it is possible to pursue a convenience store owner for monetary damages under the theory of negligent security.

However, what you do not know is that Florida law has carved out an exception for property owners when their premises constitute a convenience store under the statutory definition. Your Miami premises liability attorney can explain the details and assist with your case, but some information on the legal issues may be helpful.

Overview of Premises Liability and Negligent Security

Articles Posted in Premise Liability

Florida’s New Anti-Riot Bill: Surprising Implications for Miami Premises Liability Cases

How Florida Premises Liability Laws Apply to Miami Convenience Stores