If a Trespasser is Injured, Can They File a Premises Liability Claim?

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Many people would assume that a trespasser has no right to sue a property owner if they were injured on their property. However, in some cases, they do have the right. In Florida, trespassers may have more rights than you might think. If you have been injured on another person’s property and are looking to recover compensation, continue reading and reach out to our experienced personal injury firm to learn more about taking legal action. Here are some questions you may have about trespassers filing premises liability claims:

When is a property owner not liable for a trespasser’s injuries?

Property owners are not liable for injuries sustained on their property if the trespasser was intoxicated or trespassing with the intent to commit a felony on the property in Florida. In most other cases where the trespasser is injured without the property owner knowing of their presence, the property owner is not responsible.

When does a trespasser have a valid premises liability claim?

There are several circumstances where a trespasser may have a valid premises liability claim against a property owner. If the property owner is determined to have committed either intentional misconduct or gross negligence towards the trespasser, the trespasser may be able to hold the property owner liable for their injuries. A trespasser may have a valid premises liability claim in Florida if they can prove the following:

  1. The trespasser had reason to believe that they were invited onto the premises. I
  2. The trespasser was undiscovered meaning that the property owner was unaware of their trespassing. However, when the property owner caught them in the act, they acted unlawfully towards you, which resulted in you being wrongfully injured.
  3. They were a “discovered trespasser” meaning that the property owner knew they were trespassing and knew of unsafe property conditions. The property owner did not remove those safety hazards or warn the trespasser of the dangers.
    •  For example, a property owner with a vicious dog may be required to have warnings regarding the danger the dog poses.

If you have any further questions regarding filing a premises liability claim, do not hesitate to reach out to our experienced personal injury firm. Our legal team is prepared to assist you with your upcoming claim. We will work to satisfy the burden of proof to recover the compensation you require to heal.

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.

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