Florida Premises Liability’s Three Groups Of Visitors

Premises liability is an area of tort law that puts a duty on landowners and business owners to make their premises safe for visitors – but Florida state law separates visitors into three different classifications, to whom each is owed a different duty of care. It is a good idea to understand which is which, so that if you are ever injured on another person’s premises, you will have an understanding of how to move on from there.

Invitees: The Highest Duty Is Owed

Some states further divide the category into “business” and “public” invitees, but as of this writing, Florida does not differentiate. An invitee is a person who has visited premises to engage with the owner or their business, though they do not necessarily need to have paid money – for example, a person who got into the Orlando Science Center on a free museum day is an invitee just like someone who paid an entry fee. Other invitees include customers at a restaurant or hotel guests.

Invitees are owed the highest possible duty of care, meaning that the premises’ owner must warn of dangers that are not open and obvious, as well as eliminating any potential hazards it is possible to eliminate.

Licensees: On Their Own Business

In comparison to invitees, who are there on some business of the owner’s, licensees are there for business that benefits them. The most common example of a licensee is a social guest – indeed, one of Florida’s best known cases on premises liability law arose out of a case in which a woman was injured in another person’s home. Another example would be a neighbor’s child coming over to retrieve a ball that landed in your backyard.

Licensees are required to be apprised of hidden dangers, but the property owner is not obliged to make the premises safe for them.

Trespassers: The Bare Minimum

Adult trespassers are on a person’s land without permission, and thus are only owed the bare minimum of care from the landowner – specifically, refraining from deliberately injuring them. Child trespassers, however, occupy a slightly different position because a young child may not appreciate the danger of some hazards. If you have what is known as an attractive nuisance on your land, you must take every precaution to keep child trespassers away from it.

Contact An Orlando Premises Liability Attorney

A Florida property owner must exercise due care toward any visitor to their premises, but what constitutes an appropriate duty of care differs with the category. If you have questions or concerns about possible premises liability, an Orlando premises liability attorney from the Hornsby Law Group can help to manage them and (hopefully) set your mind at ease. Call us today at (407) 499-8887 to schedule a consultation.

Source:

law.justia.com/cases/florida/supreme-court/1972/41077-0.html