Premises Liability in Florida
In Florida, property owners are generally liable for those injuries that another person suffers while on their property. The legal term for this type of liability is referred to as premises liability. In this blog post, we will discuss the duty of care owed to those persons injured on a landowner’s property, the most common situations that usually result in premises liability litigation and the individuals or businesses who may be held liable under premises liability.
Standard of Care in Premises Liability Cases
The element of duty is the most critical element in a premises liability action. Based on the need to balance proprietary rights with the need to protect individuals from unreasonable harm, various duties are imposed on landowners and land occupiers (renters) depending on the type of activity at issue. For example, a landlord has a duty to exercise reasonable care in order to prevent harm to third parties to protect against
charges of negligence if someone suffers personal injuries on the landlord’s property. While legal ownership or title to property will almost always establish liability on the part of a landowner, control or possession of the property where an injury occurs can also establish accountability in a premises liability case.
Categories of Individuals on the Property of Another
There are three categories of individuals that correspond to a duty owed by the landowner or land occupier to the person entering the land. These categories of entrants, in the order of increasing status, are trespassers, licensees, and invites.
Trespassers: A trespasser is an individual who enters another’s property for his or her own convenience without permission or authority. Generally, a landowner or land occupier has a legal duty to avoid willful and reckless harm to an unknown trespasser. Under Florida law, an undiscovered trespasser is a person who enters the property of another without an invitation, and whose physical presence on the property is unknown. In order to avoid liability to an undiscovered trespasser, an individual must refrain from any intentional misconduct that causes injury to the trespasser. Typically, a duty will arise with respect to a trespasser only if the landowner or land occupier discovers the physical presence of a trespasser on the premises.
Licensees: There are two categories of licensees that are recognized under Florida law. A person may be an invited licensee either by a communicated invitation or by an invitation that can be reasonably implied from the circumstances. An uninvited licensee is a person who enters the premises of another solely for his or her own convenience without an invitation.
Invitees: Under Florida law, an invitee is someone who enters the premises of another for business purposes associated with the landowner or land occupier. A public invitee is a person who is invited to enter the property of another as a member of the public. Typically, a public invitee enters the property of another for a purpose for which the land is held open to the public. Since an invitee is the highest entrant status defined under Florida law, invitees are owed the greatest standard of care. A landowner or land occupier who is aware of a dangerous condition on the property has a duty to eliminate the danger; exclude the invitee from the dangerous area through the use of barriers, walls, or gates; provide warnings regarding the dangers; or take some combination of these measures to ensure that the invitee is free from danger and the risk of injury.
Let Our Slip and Fall Lawyers Help! Schedule a Free Consultation Today! The duties imposed by law as a way to protect those individuals characterized as invitees, licensees, and trespassers can be vague and difficult to interpret. As a result, those clients injured while legally on the property of another should discuss their specific situations with a personal injury attorney in order to determine whether a landowner or land occupier breached the standard of care imposed on those who control or possess property.After a slip and fall accident, you may be worried that you will be unable to find a responsible party to pay for your injury. If you or someone you love were injured in a slip and fall accident of any kind, our top-rated slip and fall lawyers can help. Having experienced slip and fall lawyers fighting for you can mean the difference between winning top dollar for your claim and receiving no compensation at all. Our attorneys are ready to provide proven legal representation and stand ready to protect your rights. We are available 24/7 to give you a free, no risk case consultation!
We serve clients throughout Florida including those in the following areas:
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