Significance of Visitor Status
A visitor to the premises can be an invitee, licensee or a trespasser. Therefore, establishing the status as an invitee, licensee or a trespasser is the most important aspect in determining the liability of the person or entity in possession or control of the premises. There is no doubt that premise liability law can be complicated. If you or a loved one is in need of an experienced premises liability law firm, the Law Offices of Jorge L. Flores, P.A., can help.
Understanding Invitees
Usually referred to, as business invitees, invitees are visitors who are on the premises for the express purpose of engaging in commercial transactions with the person or entity in possession or control. A customer in a grocery store is an example of an invitee.
The person or entity in possession or control of the premises has the highest duty of care to an invitee and must warn or protect an invitee from risks or dangers they know about or should be reasonably expected to know about. This duty to warn and protect may also include a responsibility to occasionally inspect the premises for risks or dangers.
Understanding Licensees
A visitor is a licensee if the person or entity in possession or control of the premises has given express or implied permission to be on the premises for any reason that is not commercial. A Christmas party guest is a licensee who was given express permission, while a family member who occasionally visits unannounced is a licensee with implied permission. A person or entity in possession or control is liable for the injuries of a licensee if and only if: (1) The person or entity in possession or control knew or should have known of the hazard and the risk of harm it posed. (2) The person or entity in possession or control did not exercise reasonable care in remedying the hazard, or warning the licensee of the risk. (3) The licensee did not know or could not be reasonably expected to know of the hazard.
Trespassers and Liability Exceptions
Generally, the person or entity in possession or control of the premises has significantly less liability for injuries suffered by trespassers, but there are certain cases in which a person or entity in possession or control of the premises may be held liable.
