Business Law 101 / INVITEES

By Albert L. Kelley

If a house catches on fire and the owner is not home, how do we classify the firefighters who come to put the fire out? Or if a burglar breaks into the house, how do we classify the police officer who comes into the house to capture him? Under what was called the “fireman’s rule” firefighters and police officers were treated as licensees when they entered the property to perform their duties. However, Florida, by statute, changed this rule so that after 1990, firefighters and police officers who are lawfully on the property are treated as invitees and are owed the same duty of care as an invitee. Even though the statute increases their protection, police officers must still be careful in the practice. If their presence on the property violates the search and seizure laws, they may be deemed trespassers for liability purposes.

Other persons who qualify as invitees include store customers, employees, independent contractors, dinner guests, and building inspectors.

The reason persons want to be categorized as an invitee is for protection against injury. If a guest is injured on the property, and they are deemed an invitee, the property owner owes them a greater duty and thus is more likely to be responsible for their injuries. Generally, a property owner must use reasonable care to keep their property in a reasonably safe condition. Because invitees, by their very nature, have been invited onto the property, the property owner must also warn all invitees of any latent or concealed perils that are known or should be known to the owner of which the invitee is unaware and which they cannot discover using reasonable care. This requires the property owner to routinely inspect his property and to take reasonable measures to eliminate known dangers, to exclude invitees from dangerous areas, or to provide warnings of the dangers. In Florida, a property owner cannot comply by simply posting warnings at every danger; they still have a duty to maintain the property in reasonably safe conditions. This means that dangerous conditions that are known or should be known must be corrected, if possible.

Property owners also may be held liable to invitees for actions of others under their control. If a business hires an independent contractor to do work on the premises, while keeping the business open to the public, the property owner may be responsible for injuries that occur if the contractor is using unsafe equipment or methods, or if the contractor creates an unsafe condition. The store owner has an obligation to inspect the equipment used by the contractor, and to direct the contractor to operate in a safe manner so as not to create an unreasonable risk to their customers.

Invitees also have certain responsibilities. The invitee must exercise reasonable care for their own safety and must observe conditions that are obvious. If an invitee fails to exercise due care, they share liability with the property owner, so that each will be responsible for a portion of the invitees injuries.

The duty to maintain premises is not absolute. A property owner is not required to keep the premises free from all dangers, just all foreseeable dangers. Further, the duty only applies to those portions of the premises where the invitee is intended to visit or use during the course of their visit, or which the invitee reasonably believes he is invited to use. As an example, if a store customer sits in a window display chair which then breaks, they may lose thir status as an invitee, as they were not invited to sit in the display.

Al Kelley is a Florida business law attorney located in Key West and previously taught business law, personnel law and labor law at St. Leo University. He is also the author of “Basics of Business Law” and “Basics of Florida’s Small Claims Court” (Absolutely Amazing e-Books). This article is being offered as a public service and is not intended to provide specific legal advice. If you have any questions about legal issues, you should confer with a licensed Florida attorney.

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