Why Status Matters in a Florida Slip-and-Fall Accident Case
Outside of motor vehicle crashes, one of the most common accident scenarios in Pasco County is a slip-and-fall. For example, if you are walking down the aisle of your local supermarket, slip on a puddle of water, and fall to the ground, the store’s owner may be responsible under Florida law for your medical bills and other accident-related losses. The same may be true of any slip-and-fall that occurs while you are on someone else’s property, even say visiting a friend at their home.
Trespassers and Licensees vs. Invitees
Yet not all slip-and-fall claims are equal under Florida law. When it comes to premises liability, the technical term for these kinds of accidents, the first thing a court will look at is your status at the time of the accident. In this context, status refers to your reason for being on the property in the first place. Your status, in turn, determines the owner’s legal responsibility owed to you in connection with the slip-and-fall accident.
There are three levels of status in premises liability cases: trespassers, licensees, and invitees. Here is how the law defines each status:
- Trespasser: As you can probably guess, a trespasser is someone who is on the property without the owner’s permission. In broad terms, a trespasser is someone who enters the property “without license, invitation, or other right” and does so for their own convenience or simply as an idler with no apparent purpose.
- Licensee: Like a trespasser, a licensee is someone who enters the property for their own convenience or purposes. The difference is that a licensee is not expressly forbidden from entering the property by the owner. For instance, if you go into a store just to use the bathroom without buying anything, you are a licensee. But if you enter a store after it is closed for the day, you are a trespasser.
- Invitee: An invitee is someone invited onto the property by the owner. This can be an express invitation, such as someone asking you to come into their home; or it may be implied, as in the case of a store that is open to the public during certain business hours. In either case, the invitee is there primarily for the owner’s benefit.
Florida law imposes a duty on property owners to maintain their premises in “reasonably safe” condition for invitees. This means the owner must exercise due diligence and identify and correct any dangerous conditions on the property, as well as warn invitees of the risks. If an invitee is injured in a slip-and-fall accident because the property owner ignored this duty, they can be held civilly liable under Florida law.
In contrast, a landowner only has a duty to warn discovered trespassers and uninvited licensees of any dangers that are not “open and obvious” on the property. Otherwise, the landowner does not have to take any further steps with regard to ensuring a trespasser or licensee’s safety. The owner can still be held liable, however, if they intentionally injure such individuals.
Contact a Pasco County Slip & Fall Attorney Today
Slip and fall accidents can often lead to complex legal situations, especially when the defendant is a well-funded corporate chain store. That is why it is best to work with a qualified Pasco County slip and fall lawyer who can review your case and advise you on the best means of seeking compensation for your injuries. Contact Wendy Doyle-Palumbo, Esq., today at (727) 233-2134 to schedule a consultation.