Liability of a property or business owner operating an enterprise on commercial premises can be liable for product suppliers and customers. The duty owed for injuries to a customer or party engaged in a commercial relationship on the premises of a business owner is contingent on the relationship between the parties, the nature of the hazard, and the actual or constructive knowledge of the owner. In this blog post, our Miami personal injury lawyers review an appellate court decision addressing the liability of a gas station owner to the driver of a tanker run down while resupplying fuel to the service station.
The lawsuit was brought by the driver of a tanker truck who was at a gas station to deliver gasoline. According to documents filed in the lawsuit, the truck driver parked his rig at the service station and placed three orange warning cones around his vehicle. The plaintiff entered the store to discuss details about the gasoline delivery. As directed by the owner of the gas station, the plaintiff moved to the area where the gas tanks were located to measure the level of the tank’s prior to filling them. The tanker driver placed an orange cone as a warning in the vicinity of where he was determining the amount of gasoline in the tanks. While engaged in measuring the volume in the tanks, the plaintiff got on his hands and knees to retrieve a tank cap that he dropped inside the tank. Another driver hit the plaintiff as he attempted to fish out the cap. Continue reading →