Visitor Classification in Tampa Premises Liability Cases
In premises liability cases, it might seem like all injured parties have the same level of rights, however, that is not always the case. Instead, visitors are often classified in Tampa premises liability cases. By classifying visitors, the courts can assess the level of responsibility that a property owner might have to individuals injured on their property. There are differences between the duty that a property owner has to a business invitee versus the level of responsibility they have to an individual who is trespassing. If you have questions about visitor classification in Tampa premises liability cases, seek the counsel of a capable premises liability lawyer who can work on your case.
Invitation to Property
The nature of an invitation can vary depending on visitor classification in Tampa premises liability cases. An invitation to a property can either be a direct invite from the owner of the property, or it can also be a business invitee, which if a person owns a store that sells goods or services and they want people to come in and buy those goods or services, then they are technically inviting them onto their premises in order to create a business relationship with them. Even though a person does not pick them out by name and invite them into their premises, if they hold themselves out to be somebody that sells something that these business invitees would want to buy, then they are inviting them on the premises.
What Constitutes Trespassing
A trespasser is someone that is not allowed on a property. This is either somebody that people tell not to come on their property or when their property is clearly closed and somebody comes on anyway.
When it comes to visitor classification in Tampa premises liability cases, trespassers are individuals who enter a person’s property, despite the property owner not wanting them there. Property owners owe trespassers a lesser duty but they cannot put booby traps or put things in place that will intentionally harm the trespassers. The property owner does not have to maintain their property in a reasonable safe condition like they would for a business invitee, but they cannot purposely injure trespassers.
Role of the Attractive Nuisance Doctrine
A situation in which property owners would have a duty to trespassers is in instances where the attractive nuisance doctrine applies. The attractive nuisance doctrine applies to things like bounce houses, climbing walls, or things that would attract children onto their property. If a person is going to have an attractive nuisance like that, they need to have safety measures in place to make sure that children cannot get to it, such as putting fences around it, roping it off, and things like that because the doctrine protects children because they do not have the same mindset or level of intelligence as adults, if they see something that they want they just run over and try to play on it.
If a person has something that is attractive to them and they end up getting injured on it because they do not maintain it in a reasonably safe condition then they could be liable even if they are trespassing on their property. Pools could qualify as an attractive nuisance but it would have to be visible to others. Typically people cannot see swimming pools because there are fences or hedges around them, but if it is an open swimming pool, it has been argued both ways, but people have been successful in arguing that a swimming is an attractive nuisance.
Benefits of an Attorney
When it comes to visitor classification in Tampa premises liability cases, property owners have a higher duty for licensees and business invitees, people they want on the property or expect to be on the property. Their duty is to maintain it in a reasonable safe condition and to warn of any dangerous conditions that they know about or should know about. For a trespasser, their only duty is to not set up things that will intentionally injure a trespasser.
A knowledgeable liability lawyer will have knowledge of the different visitor classification in Tampa premises liability cases, and how your visitor classification may affect the outcome of your case. Furthermore, an attorney can look at the facts of your case and can work to achieve the best possible outcome for you. If you have questions about visitor classification in Tampa premises liability cases and wish to move forward with a premises liability case, contact a capable attorney who can fight for your right to compensation.