Visitor Status

In Miami, premises liability claims usually occur because a person is injured on a property and those injuries are caused by the recklessness or negligence of the property owner. By law, property owners are expected to take reasonable care to ensure that those who visit their property are safe from harm. However, the duty of care that property owners owe to visitors depends on visitor status.

The Flaxman Law Group legal team has worked extensively with individuals who have suffered serious personal injury in Miami and other Florida communities due to a property owner’s negligence. When explaining premises liability claims to potential claimants, the Flaxman Law Group legal staff often have to explain the idea of visitor status. For the purposes of premises liability legal claims, there are four types of visitors:

People who enter a property for business purposes are considered business invitees. If you enter a restaurant to eat a meal or enter a store to purchase something, you are a business invitee. If a repair person enters your home to repair something, they are also a business invitee. Under the law, business invitees are owed the highest level of care by business owners and property owners. For business invitees, property owners are expected to properly inspect the property for possible dangers, fix any possible hazards, and post warning signs about any dangers that cannot be fixed. If a business invitee suffers an injury or accident, such as a slip and fall accident in Miami or another community, the property owner can be held liable even if they did not know about the hazards but should have been aware of the conditions.

Licensees include any family members, friends, or unexpected guests who drop by a property for social purposes. Property owners owe a high level of care to these visitors. Property owners are expected to repair known dangers and warn visitors about any known hazards.

Many people are surprised that trespassers or those who do not have permission to be on a property are still owed some limited protections by property owners. Property owners are expected to prevent any reckless or intentional injuries. For example, if a property owner sets up traps for trespassers that are intended to kill or seriously injure trespassers, trespassers may have a legal claim. If a trespasser is discovered on a property, the property owner is expected to warn the trespasser about any potential dangers that cannot be easily seen.

Children have a special status when it comes to their status on a property. Property owners are expected to take special care when it comes to children who visit their property – whether children visit as invited guests or as trespassers. There is a legal doctrine known as the “attractive nuisance doctrine,” which requires property owners to take special care if they have anything on their property which may attract children to trespass. Playground equipment, pools, and old appliances, for example, all require extra diligence under this doctrine. Many pool accident claims in Miami and South Florida occur when children are injured after wandering into an unsecured pool area, for example.

If you have been injured on a property and you believe that the property owner was negligent in protecting you, you may have a claim. The Flaxman Law Group legal staff has been working on behalf of personal injury victims for more than twenty five years. If you have questions about your rights or would like to know whether you have a claim, contact the Flaxman Law Group for a free case evaluation.