By Steve Walden, Attorney at Law
Understanding Liability for Injuries on Property
I am often asked whether a property or business owner is automatically liable if an injury occurs on his or her property. The short answer, is no. This article addresses the responsibility of a property owner to visitors on the property, and which injuries they may be financially liable for if they occur on the property.
Common examples of injuries that occur on business and private property are falls on slippery surfaces, falls into holes, or trips on loose or uneven floor surfaces. These injuries can occur in a building or on the land outside a structure. The general rule is that a property owner has the responsibility to visitors to make his or her property safe from dangerous conditions, or to warn the visitor of the dangerous condition. The level of an owner’s responsibility depends on the category of visitor.
A property owner has the highest level of responsibility to an “invitee.” An invitee is a guest on the property that is there for the benefit of the property owner. For example, a customer is an invitee if he is there to shop. It does not matter whether the customer purchases anything or is there simply to accompany another person who is doing the actual shopping. A property owner has the duty to inspect the property and repair any dangerous conditions that are discovered or that could be discovered with reasonable observation.
The next level of guest on property is a “licensee.” A licensee is a person that enters property for his or her own purpose. This can include a social guest or a person who enters for his own convenience. There is a difference in the care owed by the owner based on whether the visitor is invited or not invited. An invited licensee is owed the same duty of care as an invitee. However, if the visitor is not invited onto the property, the property owner has a duty to warn the uninvited licensee of dangers that the licensee may not readily discover, and the owner is aware of. The property owner has duty to not intentionally expose the uninvited licensee to dangers, or with willful or wanton negligence.
The final category of person on property is a trespasser. A trespasser is a person who enters the property without the owner’s permission or authority. A property owner owes the same duty of care to the trespasser as an uninvited licensee discussed above.
The classic example of a claim for injuries under premises liability is the foreign substance on the floor of a grocery store (imagine a liquid or a grape). The liability of the store owner is not absolute. It becomes a question on how the substance got to be on the floor. Was it another customer or was it a store employee that caused the substance to be on the floor? How long the substance was on the floor is also relevant to the question whether the store, through employees, had the ability to learn of the condition to correct it or to warn others. It is more likely that the owner will be liable if a store employee caused the spill. Likewise, the longer a substance stays on the floor, it is more reasonable for the owner to have discovered and corrected it. It is also important to note that an owner’s warning (imagine the yellow cones) to visitors of the condition is often sufficient to overcome liability.
Questions regarding a property owner’s liability for injuries can be complex depending on the unique circumstances of a case. Contact a personal injury attorney if you have questions regarding injuries that occurred on the property of another.
Steve Walden, Attorney at Law
The Carlson Law Firm
4700 Millenia Blvd., Ste. 500Orlando, FL 32839
(407) 487-4700 swalden@carlsonattorneys.com