Property owners owe guests a duty to ensure that their property is reasonably safe. The extent of the duty a landowner owes to a guest, however, will depend on the reason for the guest’s visit. Under Florida slip and fall law, invitees are owed the greatest duty, while trespassers are owed the lowest duty. Licensees occupy a middle ground.
Florida law distinguishes between public invitees and business invitees. A public invitee is a guest who is present on property that is generally open to the public for non-business reasons. A visitor at a public park is an example of a public invitee. A business invitee, on the other hand, is someone who is present on another’s property for some business purpose. A common example of a business invitee is a customer at a grocery store. Business invitees and public invitees are both owed the same duty by landowners. However, a public invitee may need to deal with sovereign immunity issues when pursuing a claim for compensation. Of course, to successfully bring a Florida premises liability lawsuit, the injured party must be able to show that the landowner owed them a duty, and that the landowner violated that duty.
In a recent Florida court of appeals decision, a plaintiff filed a wrongful death lawsuit on behalf of the deceased against a Florida hotel and resort following a golf cart accident that resulted in the individual’s death. The defendant hotel provided a complimentary golf cart service to transport guests around its property and on its grounds. The golf cart was not allowed to travel on roads beyond the hotel grounds, but it could drop passengers off who could then cross a highway on foot.