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Premises Liability Duties Of Care


Property owners and occupiers have a duty to keep their premises safe for guests, and when an accident occurs because of hazardous conditions the victim may have a case for compensation under the theory of premises liability. However, a property owner’s level of care varies based on the type of guest that is on the property, and this can have a substantial impact on a premises liability claim. At Earnhart Law, our team of dedicated Delray Beach personal injury attorneys is prepared to zealously advocate for you after being injured on another person’s premises. To learn more about your legal options, call or contact our office today.


Invitees are owed the highest duty of care in a Florida premises liability case. Florida law identifies two types of invitees: public and business invitees. Public invitees are invited onto the premises as a member of the public for purposes open to the public. Business invitees are invited to enter the premises for the direct or indirect purpose of doing business with the property owner or occupier. Property owners and occupiers are required to keep their premises safe for invitees and to regularly inspect the property for hazardous conditions. They must warn invitees of any dangers that they know or should have known about on their property.


A licensee is someone who enters the property of another person solely for their own benefit. For example, a person visiting the home of another for a party is a licensee. An invitee might be downgraded to a licensee if they enter a part of the premises that is beyond the scope of their invitation, such as entering an “employees only” room of a store. The duty of care for a licensee is lower than that of an invitee. Property owners must warn licensees of hazardous conditions they are aware of on the premises and must refrain from willful or wanton negligence of the property.


The last type of guest on a property is a trespasser. A trespasser enters the premises without invitation, license, or any other right and for no legitimate purpose. Trespassers are owed the lowest duty of care in a premises liability case. A property owner must simply avoid committing willful and wanton injury to a trespasser unless they are discovered, in which case the property owner must warn a trespasser of any known dangers. The most common example of committing willful and wanton injury of a trespasser is setting up traps on the property meant to harm trespassers and not warning of their existence.

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Have you or a loved one been injured on someone else’s property in the Delray Beach area? If so, you may have a claim for compensation under premises liability law in Florida. To learn more about your legal options after an injury, call the office or contact us today at Earnhart Law to schedule a free consultation of your personal injury claims with one of our knowledgeable attorneys now.



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