However, the nature and extent of the property owner's duty will vary depending upon the facts of the situation and the jurisdiction in question.

In the state of Florida, if a visitor to a property is injured due to negligence, premises liability falls on whoever is responsible for property maintenance and safety. The responsible person may be whoever owns or occupies the property (including tenants). The responsible person is known as "the controller" and as such, both the property owner and/or occupier may be named in a Florida lawsuit for premises liability.

Controllers are responsible for keeping their properties maintained and free of hazards that might cause accidents. They are responsible for warning visitors if there is a danger on the premises.

The controller's liability depends on the reason why the visitor came to the premises. In Florida, a "visitor" may be categorized as follows:

1. Business Invitee. A business invitee comes to a property to engage in whatever business they conduct and represent. This includes office workers, sales people, as well as contractors and other trades people and professionals. Controllers have the utmost responsibility to ensure that business invitees are safe on their properties.

2. Licensee. This term can be a bit confusing. If a person visits a property as a social guest -- whether as a result of a direct invitation or an "implied" invitation (e.g., when a friend or relative drops by unannounced) by the property owner or occupier -- that social visitor is considered a licensee. Whether the invitation is real or implied, licensees are regarded by the law as invited social guests. As is their duty to business invitees, property controllers must keep their premises in good repair and must alert social guests if there is a dangerous situation that might imperil their safety.

3. Trespasser. The law regards someone who does not belong on a property and who is there without an invitation from or permission of the property owner or controller a trespasser. When someone enters a property without permission, their intentions might be to commit a crime such as theft or breaking-and-entering. Even taking a shortcut to get home can make you a trespasser in the eyes of the law. However, even though they're not supposed to be there, trespassers have the right to be safe on a property, and liabilities for property owners and controllers apply. What's more, property owners and controllers may not recklessly or intentionally injure trespassers. Children who trespass pose a special case where different rules of law apply. Children are by nature curious and are known to wander out of bounds, without the adult sensibilities to keep them safe from harm. Still, property owners and controllers may be found liable if children are known to come to their properties and if trespassing children are injured due to hazards and dangers that could have been prevented.

Any personal injury claim can be complex, involving multiple negligent parties, and overlapping laws. The simple rule of thumb is: if you have a serious injury that you believe was caused by the negligence of someone else, contact a premises liability attorney at Chalik & Chalik Law Offices