Are There Any Specific Legal Duties A Property Owner Owes To Visitors?

When you visit a property, whether it’s a store, a friend’s house, or a public space, there’s an expectation that you’ll be safe. In legal terms, property owners in Florida and Georgia have a ‘duty of care’ to ensure their premises are reasonably safe for visitors. This duty involves regular maintenance, addressing potential hazards, and providing adequate warning of any dangers that might not be immediately obvious.

Types of Visitors and Corresponding Duties

In premises liability law, the type of visitor on a property plays a crucial role in determining the level of duty owed by the property owner. Here’s a closer look at the three main categories of visitors and the corresponding responsibilities of property owners:

1. Invitees: Invitees are individuals who enter a property to benefit themselves and the property owner. This category often includes customers in a store, clients in a business, or anyone present for a commercial purpose. Property owners owe invitees the highest duty of care. This means the owner must regularly inspect the property for potential hazards and take reasonable steps to ensure the property is safe. This duty includes fixing known dangers, conducting routine maintenance, and adequately warning invitees of risks that cannot be immediately addressed.
2. Licensees: Licensees enter a property for their own purposes but with the property owner’s permission. This group typically includes social guests, door-to-door salespeople, or friends visiting a home. The duty owed to licensees is slightly less than that for invitees. Property owners must warn licensees of any known dangers on the property. However, there is no implied duty for the owner to regularly inspect and repair potential hazards as rigorously as with invitees. The critical point is that any known risk must be communicated to the licensee.
3. Trespassers:  Trespassers are individuals who enter a property without any right or the property owner’s permission. They have no legal reason to be on the property. The duty owed to trespassers is the least stringent. Property owners are generally not required to keep their property safe from trespassers. However, the key legal point is that property owners cannot willfully or wantonly cause harm to trespassers. For example, setting traps or hazards to injure a trespasser is not permissible.

Common Premises Liability Scenarios

Slip and fall accidents are classic examples of premises liability cases in Florida and Georgia. Property owners must address spills or slippery surfaces promptly. Poor lighting, uneven flooring, and hidden obstacles are also common hazards. The property owner could be held liable if an injury occurs due to such negligence.

Responsibilities for Security

In some cases, particularly in commercial properties, there’s also an expectation of reasonable security measures. This can include adequate lighting in parking areas and the presence of security personnel in high-risk locations. Failure to provide a safe environment from foreseeable crimes can also lead to liability for property owners in Florida and Georgia.

What to Do If Injured on Someone Else’s Property

If you’re injured on someone else’s property, it’s crucial to document everything and seek medical attention immediately. Taking photos of the hazard and collecting contact information from witnesses can strengthen your case. Additionally, report the incident to the property owner or manager as soon as possible.

Contact Us, The Leach Firm, P.A. To  Help You

Going through the complexities of premises liability can be challenging, but you don’t have to do it alone. At The Leach Firm, P.A., we have extensive experience helping clients in Florida and Georgia understand their rights and pursue justice. If you’ve been injured due to a property owner’s negligence, we’re here to help. Call us at The Leach Firm at 844-722-7567 or contact us online for a free case evaluation with a seasoned lawyer in Florida or Georgia. Remember, your safety is a property owner’s responsibility, and we’re here to ensure they uphold their duties.