If a person slips and falls while on a property belonging to another person, he or she may be able to make a claim against the property owner if the property was not safe. The victim may make a claim against the homeowner’s insurance coverage if injured on private property or the business’ insurance coverage if injured while at a store, restaurant or other commercial establishment. Before pursuing a claim of this nature, it is important to have a strong understanding of Florida’s premises liability laws.
Property Owner Responsibilities in Florida
The responsibilities that the property owner has depend on the legal status of the victim at the time of the slip and fall, according to the following:
- Invitee – An invitee is a person who has been invited on the property, usually for the financial benefit of the property owner, such as a customer in a store. In Florida, property owners owe the highest duty of care to this group of visitors. They are required to fix any dangerous conditions on the property and conduct routine inspections to identify any possible hazards.
- Licensee – A licensee is a person who visits a property for their purpose, such as a social guest. Property owners are required to warn licensees of any non-obvious hazards.
- Trespasser – A trespasser is someone who enters property without permission. A property owner only need not willfully or wantonly harm the trespasser. Property owners’ legal responsibility to child trespassers is higher than the duty to adult trespassers since children may not recognize risks in the same way.
Contact mediator F. Shields McManus to schedule a mediation of your slip and fall case.