The Duties of Florida Land Owners

The Duties of Florida Land Owners
on January 15, 2013 in Information

Many people are not aware that Florida landowners have different duties to those entering their property, depending on the individual present. There is a current movement to dispose of these distinctions, with about half of U.S. states maintaining different duties that landowners owe to different types of people entering their land. There are three categories of entrants: licensees, trespassers, and invitees. Florida landowners should be aware of the duties that are owed to those on their property. Trespassers are all entrants to a piece of property that the possessor has not given permission to enter.

Under Florida law, they are owed no duty of care, and the only requirement of landowners is to not intentionally harm the trespasser. However, there is one exception. If a landowner has reason to know that trespassers are currently on their land, they must warn these trespassers of any dangers conditions that are not open or obvious. But, if the owner knows the trespasser, then they effectively become invitees and are owed the same duties. Licensees are persons who enter a property with the permission of the landowner. These individuals do so for their own pleasure or benefit. Examples include social guests or even those selling wares on the property.

Invitees are those persons who have been invited to the premised to provide benefit to the landowner that is material in nature. The landowner has a duty to treat these individuals with reasonable care to protect them against any known dangers and those that could be revealed by a close inspection of the property. If you are a landowner facing suit, you should contact an attorney who specializes in premises liability. If you are injured on another’s land then the first thing you should do is contact Krakower Law for a free consultation on how to move forward.

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