A person can be charged with trespassing if they entered a property without expressed permission from the owner. They can also be charged with trespassing if they were initially invited onto the premises and refused to leave. However, a trespasser may have a right to sue a property owner if they sustained injuries under certain circumstances. Contact our Hillsborough County Personal Injury Lawyer today to learn more about whether an injured trespasser may have a valid premises liability claim.
Can a trespasser have valid grounds to bring a premises liability claim?
If it is determined the property owner committed intentional misconduct or gross negligence towards the trespasser, they may hold the property owner responsible for damages sustained. The trespasser must prove the following:
- They believed there was a reason they were invited onto the premises.
- They were discovered on the property and the owner acted unlawfully towards them, resulting in injuries sustained.
- The owner knew they were on the property and failed to warn them about the dangerous state of the property, resulting in the injuries sustained.
Why would a premises liability claim not be valid?
There are three reasons why a property owner would not be liable for injuries sustained by a trespasser. These include:
- If the trespasser was intoxicated
- If the trespasser came onto the property with the intention of committing a felony.
- If the trespasser is injured on the property without the property owner knowing of their presence.
What is the statute of limitations in the state of Florida?
The statute of limitations, in simple terms, is a law that sets the maximum amount of time for parties involved in a legal dispute to initiate action. This is for both civil and criminal cases.
The statute of limitations is four years for filing a premises liability claim in Florida, which means you have four years from the date the accident occurred to bring your claim. If you do not file your claim within this timeframe, you could lose your right to sue.
Reach out to our Tampa Slip and Fall Lawyer if you have been injured on another person’s property as a trespasser and believe you are entitled to compensation.
Contact Our Experienced Florida Firm
If you have been injured in an accident due to no fault of your own, you need an attorney who truly cares about your right to heal. Merricks Law Group handles a wide array of injury claims, including injuries sustained in auto accidents, slip and falls, and more. Contact Merricks Law Group today.