There are three types of visitors to a property:
Invitees, or customers whom the property owner has invited to visit the location. The owner has the greatest duty of care to the safety of these individuals, and must fix any potentially dangerous conditions and warn them of hazards.
Licensees, or guests who have the consent of the property owner to visit. The owner has a smaller duty towards licensees than to invitees, but must still inform them of any risks present.
Trespassers, or those who are not legally allowed to visit the property. Owners do not owe a duty of care to trespassers, unless the visitor is a child and there is an attractive nuisance present, such as a swimming pool.
Under Florida premises liability law, the success of a lawsuit often relies on whether the accident occurred in a “zone of foreseeability.” This means that the property owner should have known that an accident was possible under the circumstances in that location.
A property owner has a duty of care toward welcome visitors and guests to maintain a safe environment and to fix any problems as quickly as possible that, when foreseeable, might cause an accident.