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An Overview of Premises Liability Law

Possession of Premises

Within the context of premises liability, a person “possesses” land or premises when:

  • The person is in occupation of the land with intent to control it;
  • The person has been in occupation of land with intent to control it; or
  • The person is entitled to immediate occupation of the land, if no other person is in possession as just defined.
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The Bahamas 2014 Crime and Safety Report

The Bahamas 2014 Crime and Safety Report states the following about the Bahamas: 

“Rental of personal watercraft (jet skis) is very popular at many resorts and beaches. Visitors should use extreme caution and not operate such watercraft unless they are experienced in using them. Use of life jackets is highly recommended. The Embassy has seen numerous injuries as a result of not following proper safety instructions by the jet-ski operators.”

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Florida Dramshop Act

A person who sells or furnishes alcoholic beverages to a person of lawful drinking age shall not thereby become liable for injury or damage caused by or resulting from the intoxication of such person, except that a person who willfully and unlawfully sells or furnishes alcoholic beverages to a person who is not of lawful drinking age or who knowingly serves a person habitually addicted to the use of any or all alcoholic beverages may become liable for injury or damage caused by or resulting from the intoxication of such minor or person.

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