Miami Injury Lawyer - Invitee

Miami Accident Lawyer Justin Ziegler represents injured victims who are considered invitees. In Florida, an invitee is a person who goes onto another's property for reasons which are in line with the business owner or tenant.  Attorneys and others often ask "How do I know whether a person entered the premises of someone else for a business purpose.  Florida courts use a mutual benefits test which is also known as the economic benefits test to determine the answer.  This test states that the person who has suffered personal injury could be an invitee if she had a business relationship with the owner of the property when the injury occurred which made his being on the premises a benefit to the owner or a mutually benefit to both the injured person and the owner.  If a personal injury attorney cannot show this relationship, Florida courts would not state an invitation and the injured victim was considered a licensee.

In a very interesting case known as Post v. Lunney, a Florida court made the meaning of a invitee larger when it included public invitees and going against the old mutual benefits test.  Rather than using the mutual benefits test, the court used the test which was in the Restatement (Second) of Torts Section 332. That test states:

a) invitees are either a public invitee or a business visitor

b) a public invitee is a person who is invited to enter or remain on land as a member of the public for a purpose for which he land is held open to the public

c) a business visitor is a person who is invited to enter or remain on land for a purpose directly or indirectly connected with business dealings with the possessor of the land.

The court in Post did not change the status of a social guest in a home.  However, in Wood v. Camp, the Florida Supreme Court enlarged the meaning of invitee to encompass social guests which the court called licensees by invitation.  Since Wood, invitees are known as people who come onto property at the invitation of the landowner.  Florida courts no longer think that the reason for the invitation is valuable.  Therefore, there is no difference between social, public and business invitees.

Justin has represented invitees at restaurants, hotels, supermarkets, etc.