It isn't trespassing. Do you have a fence with a locked gate? Do you have "No Trespassing" signage? Have you specifically told the person(s) not to come on your property?
Who is a licensee?
Licensees are individuals who enter upon the property of another for their own convenience, pleasure, or benefit (Stewart v. Texas Co., 67 So.2d 653 [Fla. 1953]; 41 Florida Jurisprudence 2d Premises Liability section 53). This includes uninvited licensees whose presence is tolerated or permitted by the owner of the property (Boca Raton v. Mattee, 91 So.2d 644 [Fla. 1956]). This category also includes discovered trespassers and trespassers who have done so for a substantial period of time with the owner's knowledge (41 Florida Jurisprudence 2d Premises Liability section 53).
To what extent am I, the property owner, responsible for licensees?
For visitors classified as licensees, the property owner is responsible in cases where the owner willfully injures that person or that person is injured due to the owner's wanton negligence. Additionally, the property owner has a responsibility to warn the licensee of any known dangers thata someone would not readily notice (Emerine v. Scaglione, 751 So.2d 73 [Fla. 2d DCA 1999]; 41 Florida Jurisprudence 2d Premises Liability section 55). An example of a licensee is the case where P entered a store to get change and was injured after slipping on a greasy floor. P sued the owners, claiming they failed to warn him of the greasy floor. Because P only entered the store to get change and not to shop, the court found P to be a licensee rather than an invitee. The court said that licensees, upon entering property, assume whatever risk of injury that might exist due to conditions of the property unless those conditions are hidden (Stewart v. Texas Co., 67 So.2d 653 [Fla. 1953]). It is important to remember, however, that where conditions show a willful or gross disregard for safety, the property owner will be held responsible to injuries caused to licensees from such conditions.
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