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Most individuals who are injured while on someone else's property are concerned with healing their injuries and figuring out who will pay for their medical treatments. What many people may not know is that a property owner owes a different level of care based on the kind of guest he or she is entertaining.

Fort Myers personal injury attorney Randall Spivey who handles issues related to premises liability on a regular basis will tell you that individuals who own property are required and expected to keep their property secure and safe. Furthermore, the laws that govern premises liability in Florida require property owners to repair all known hazards and use adequate signage to properly warn individuals of those hazards. Injured individuals should be aware that when property owners fail to properly maintain their premises, they may be entitled to compensation if it can be demonstrated that the property owner was negligent in caring for the property.

The Various Levels of Care

There are different levels of care that property owners owe to individuals who enter their properties. Visitors generally fall into one of the following categories: invitee, licensees or trespassers. 

Who is an Invitee? 

Invitees are individuals who are asked to come to the premises and remain there for a period of time to conduct business. For example, a customer in a retail store would be considered an invitee because the store generally invites the public onto the property to buy various goods. Individuals who enter the premises as invitees should be aware that they are owed the highest level of care. That said, property owners who have commercial establishments are expected to inspect their properties and warn their customers of hazardous conditions. Owners can be held legally responsible for any injuries incurred on the property if they fail to properly inspect the premises.

Who is a Licensee?

Licensees are distinguishable from invitees in that licensees usually include individuals such as family members, social guests and friends who are asked by the property owner to come onto the premises and remain there for non-business reasons. Although the level of care for licensees is not the same as the care required for invitees, the property owner must still fix any dangerous areas of the property, as well as provide adequate maintenance. However, owners are usually only liable to injured individuals for known dangers, not those of which they should have been aware.

Who is a Trespasser?

Even though an individual may be trespassing, a property owner still owes him or her a level of care as well; however, it is admittedly a much lower level of care than is owed to a licensee or invitee. For instance, if a property owner learns of a trespasser on his or her property, the owner must warn the trespasser of known dangers that the trespasser might not notice through simple observation. Also, owners cannot make certain parts of the property dangerous in an effort to shield the property from trespassers.

The Fort Myers personal injury attorneys at The Spivey Law Firm, Personal Injury Attorneys, P.A., can help you or your loved one obtain the just compensation that is deserved for things such as lost wages, medical bills, pain and suffering and wrongful death. Let one of our skilled personal injury attorneys help you today.