Reasonable care in a Florida premises liability case means keeping the property in a reasonably safe condition and warning visitors about dangers the owner knows of that a visitor would not see. How far that duty runs depends on why the visitor was there, and Florida answers that partly by statute and partly by case law.
The Concept Of Reasonable Care
In the context of premises liability, "reasonable care" refers to the level of care expected of a property owner to create a safe environment for visitors. The goal is to minimize the risk of accidents, injuries, or mishaps on your property. As a property owner, you are responsible for taking the necessary precautions to ensure the safety of visitors.
To determine reasonable care, courts usually consider factors such as:
- The nature and purpose of the property
- The foreseeability of potential hazards or risks
- The cost and feasibility of security measures
- The prevailing safety standards of the industry or community
As a property owner, you must know your duty of care and adhere to these standards to avoid being found negligent.
Standard Of Care For Different Visitor Types
The duty a Florida property owner owes depends on the visitor's status, and Florida recognizes four:
- Invitees: people who enter by express or implied invitation, usually for business, such as a customer in a store. The owner owes reasonable care, which means inspecting for hazards, correcting them, and warning about the ones that cannot be corrected right away.
- Licensees by invitation: social guests, such as a friend or a neighbor you asked over. Florida owes them the same reasonable care as a business invitee. The Florida Supreme Court merged the two standards in Wood v. Camp, 284 So. 2d 691 (Fla. 1973).
- Uninvited licensees: people who come onto the property for their own convenience with no invitation. The owner owes only a duty to refrain from willful or wanton injury and to warn of a known danger that is not open to ordinary observation.
- Trespassers: people who enter without permission. Florida Statute 768.075(3) splits them in two. Toward an undiscovered trespasser the owner must only refrain from intentional misconduct. Toward a discovered trespasser, meaning one whose presence was detected within the 24 hours before the accident, the owner must refrain from gross negligence or intentional misconduct and must warn of known dangerous conditions that are not readily observable.
When dealing with visitors, remember your duty of care and the standard of care required for different types of visitors. By maintaining a safe environment and exercising reasonable care, the risk of accidents or injuries on your property can be minimized, ultimately reducing liability for your property.
Responsibilities Of Property Owners
The owner or occupier of a property has a legal duty to ensure that the premises are safe for visitors and guests. This duty includes taking reasonable care in maintaining the property and taking appropriate measures to prevent damage. Below are some important aspects of this legal duty:
- Regular Inspection: You should regularly inspect your property to identify potential hazards or unsafe conditions, such as slippery floors, unstable structures, or inadequate lighting.
- Maintenance and Repairs: Once you have identified a problem, you should rectify it immediately by doing the necessary repairs or taking appropriate precautions to minimize the risk of accidents.
- Warning of Concealed Dangers: If hidden hazards on your property cannot be removed immediately, you must warn visitors, e.g., through signs or verbal messages.
- Adequate Security Measures: Depending on the nature of your property, you may need to introduce security measures like surveillance cameras, locks, or security guards to protect visitors from potential harm.
A slip and fall inside a business carries one extra element in Florida. Under Florida Statute 768.0755, a person who slips on a transitory foreign substance in a business establishment must prove the business had actual or constructive knowledge of the substance. Constructive knowledge can be shown with circumstantial evidence that the condition had been there long enough that the business should have found it in the exercise of ordinary care, or that the condition occurred with regularity and was therefore foreseeable.
Common Conditions Leading To Premises Liability Lawsuits
While every premises liability claim is different, the vast majority of these lawsuits arise from one of a few similar circumstances. Below are some of the more common conditions that can lead to a premises liability claim:
- Uneven or slippery surfaces: Ensure sidewalks, stairs, and floors are free of tripping and slipping hazards.
- Poor lighting: Properly light walkways, stairs, and parking lots to prevent accidents.
- Inadequate security: Provide adequate security measures to protect visitors from foreseeable criminal activity.
- Debris or Obstacles: Remove obstructions, debris, or clutter from pathways and common areas.
- Faulty equipment: Regularly inspect and repair any equipment or structures that guests or licensees may come into contact with.
Clearing these hazards and keeping up with inspections is what reasonable care looks like in practice, and it is also what an owner points to when a claim is filed.
Types Of Injuries And Complications
Different types of injuries can be sustained on a property due to negligence or lack of care. Slip and fall accidents are the most common premises claim, and they usually trace back to a slick surface, a raised edge, or something left in a walkway.
Other common accidents involve hazardous conditions such as uneven floors, broken stairs, or exposed electrical wires, which could lead to:
- Slip and fall accidents
- Neck & back injuries from tripping over objects
- Electrocution from exposed wires
- Swimming pool accidents & drowning
- Accidents caused by poorly maintained infrastructure
In addition, when property owners don’t take adequate security precautions, injuries can occur as a result of:
- Assaults or robberies due to poor lighting or lack of security personnel
- Accidents caused by inadequate protection from hazardous substances
- Injuries caused by unauthorized entry into restricted areas
Legal Actions and Consequences
If you have suffered damage on someone else's property, you may be able to file a liability claim to recover compensation. Compensation can cover a range of costs, such as:
- Medical bills: Reimbursement for immediate and ongoing medical treatment related to your injury.
- Economic damages: Compensation for lost wages, loss of future earning capacity, and other economic losses.
- Pain and suffering: The monetary value of the physical and emotional pain you have suffered due to your injury.
- Wrongful death: Compensation for the family members of a deceased victim who died as a result of the injury on the property.
What you recover depends on the extent of your injury and on how fault is divided. Under Florida Statute 768.81(6), your damages are reduced by your own share of fault, and if you are found more than 50 percent at fault you recover nothing at all. Florida Statute 95.11(5)(a) gives you two years from the date of the injury to file suit for an injury that happened on or after March 24, 2023.
Speak To An Injury Attorney About Your Claim
If you were injured while on someone else’s property and believe you have a premises liability claim, contact Weinstein Legal Team immediately for a free case review with an injury attorney. Your consultation is free, and we work on a contingency fee basis, so you won’t pay any fees unless we win your case. You will not owe attorney's fees or costs unless we recover for you.
Your attorney will document the incident and your injuries, gather evidence to prove your claims, negotiate with insurance companies, and fight for you in court if necessary.
Click here to schedule a free case review with an attorney today, or give us a call at 888.626.1108 to get started now.
