Florida landowners have different duties to those entering their property, depending on the individual present. There are three different types of people entering a property: trespassers, licensees, and invitees.
First, trespassers is a person who enters another person’s property without the permission of the owner (either explicitly or implicitly). Under Florida law, trespassers are owed no duty of care from the landowner other than to refrain from intentionally harming the trespasser unless the landowner has reason to know that trespassers are currently on their land, or that individuals regularly frequent their land (ex: children cutting across the property) (then they must warn these trespassers of any dangerous conditions that are not open or obvious to the trespasser). Therefore, if the owner knows of the trespassers, they effectively become invitees and are owed the same duties.
Second, licensees are those persons who enter a property with the permission of the landowner. These individuals enter the premises for their own pleasure or benefit, and include both social guests and people that enter the property to sell something (“door to door salesman”). The duty landowners have to licensees is a duty not to intentionally harm them, as well as to either fix known dangers or sufficiently warn of their existence. Licensees, in general, enter a property and assume the risk of injury from any risks that they should be aware of.
Third, invitees are those persons who have been invited to the premises to provide a material benefit to the landowner (think of it as a business transactions for the landowner’s benefit). The duty a landowner owes to these individuals is a duty of reasonable care to protect them against both known dangers and those that could be revealed by a close inspection of the premises. Invitees have been described as having reason to believe that “the premises have been made safe to receive them.”
Accidents like slip and falls and assault or battery may entitle victims to compensation if the accident was a result of the landowner’s negligence.
Call the law office of Tampa lawyer Martin Hernandez PA and Tampa lawyer Martin Hernandez – Tampa attorneys handling personal injury and criminal defense. 813.229.5353
