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Florida Premises Liability Plaintiffs

A person who slips and falls on someone else’s property, such as Florida shopping mall, can file a premises liability lawsuit, depending on the details of the accident. One key question in Florida slip and fall litigation is – who was the injured person at the time of the accident, an invitee, licensee or trespasser? The answer to this question is crucial to determining who is liable. Under Florida premises liability law, a plaintiff can be an invitee, licensee or trespasser. David M. Benefeld, P.A. is an experienced Florida slip and fall attorney who can help you determine what type of visitor you were when the accident occurred.

Invitee
An invitee is someone who enters the premises based on the belief that the owner’s property is open for use. Typically, the invitee is on the property for a commercial benefit to the possessor or owner of the premises. For example, an invitee may be a customer visiting a Florida retail store with the intent to make a purchase. The owner of the premises owes a duty of reasonable care to this individual. The property must be kept in a safe condition and invitees must be warned of dangers, such as a spill or broken merchandise.

Licensee
A licensee is a person who is on the property for any reason other than business or commercial purposes. Usually a licensee is a social guest. An unexpected visitor who is welcomed to the property is considered to be a licensee. The possessor of the premises can be held liable if that person receives an injury that could have been prevented. A licensee must be warned of any known dangers that could result in injury and the possessor or owner of the property has the duty to repair any unsafe conditions. A premises owner can be held liable for the licensee’s injuries if there appears to be a willful disregard for safety.

Trespasser
Trespassers are people who enter the property without being invited and without permission. A trespasser doesn’t have to be a thief; he or she can simply be a person who trespasses on the property because it is the shortest route available. A property owner cannot intentionally harm the trespasser. If the owner knows that someone is trespassing on the property and there is a dangerous condition that is not easily seen and could cause injury, then the trespasser must be warned. For the most part, the owners are only liable if they were aware of the trespasser’s presence.

If the trespasser is a child, there are different rules. The owner can be held liable if there is a known safety hazard and children regularly visit the property. Since children are not always good judges of danger, the owner has the duty to correct unsafe conditions. A potential hazard to a child could be an old refrigerator, appliance or ice box in which a child can get entrapped.

For advice regarding your Florida slip and fall lawsuit, contact David Benenfeld at (954) 677-0155.

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