Can a Trespasser Sue for Injury in Florida?
When someone enters your property without permission, it’s natural to assume they have no legal rights if they get hurt. However, Florida law provides some protections for trespassers under certain conditions. If you’ve suffered harm while on someone else’s property, or you’re a property owner facing a lawsuit, you may wonder how Florida premises liability laws apply. Understanding when a trespassing injury lawsuit in Florida is valid requires looking at landowner duty in Florida and how it varies depending on the circumstances.
Florida’s Premises Liability Framework
Premises liability law in Florida is based on the legal status of the person entering the property. There are three primary classifications:
- Invitees: People who are invited onto the property for business or public purposes, like customers at a store.
- Licensees: Guests or social visitors who have permission to be there but are not there for business purposes.
- Trespassers: Individuals who enter without consent or legal authority.
While landowners owe the highest duty of care to invitees and licensees, the rules are different when it comes to trespassers.
What Is the Landowner’s Duty in Florida to Trespassers?
In general, a property owner does not owe a duty of care to adult trespassers beyond refraining from intentional harm. However, several important exceptions may allow a trespassing injury lawsuit in Florida to move forward.
Exceptions to the General Rule Include:
- Willful or wanton misconduct: If a property owner sets up a trap or intentionally causes harm to a trespasser, such as rigging a tripwire or using excessive force, they can be held liable.
- Known trespassers: If the landowner is aware that trespassers frequently enter the property, such as teenagers cutting across a vacant lot near East Fowler Avenue or someone routinely crossing railroad tracks near North 50th Street, the owner may be required to warn them of hidden dangers.
- Attractive nuisance doctrine: This applies when children are enticed onto a property by something dangerous but appealing, like an unfenced pool in a South Tampa neighborhood or an abandoned construction site near U.S. 301. In these cases, landowners may be liable if they fail to secure the property properly.
Can a Trespasser File a Lawsuit?
Yes, under Florida law, a trespasser may file a personal injury lawsuit if the conditions above are met. That doesn’t mean they’ll automatically win. They must still prove that the landowner owed them a specific duty of care, the property owner breached that duty, and that the breach directly caused their injuries.
These cases are often difficult and require a thorough investigation. A Florida premises liability lawyer can evaluate whether a claim is legally viable and help gather evidence to support the injured party’s side or defend property owners against invalid claims.
Defenses to Trespassing Injury Lawsuits
If you’re a property owner facing legal action from someone injured while trespassing, several defenses might apply:
- Lack of duty: In most cases involving adult trespassers, no duty of care is owed unless exceptions apply.
- Open and obvious dangers: If the condition that caused the injury was visible, the court may find that the trespasser assumed the risk.
- Comparative fault: Florida’s comparative fault system allows for damages to be reduced based on the trespasser’s actions, such as ignoring “No Trespassing” signs or engaging in reckless behavior.
Talk to a Florida Premises Liability Lawyer
Whether you’ve been injured on someone’s property or are facing a legal claim from a trespasser, navigating a trespassing injury lawsuit in Florida can be legally complex. A knowledgeable Florida premises liability lawyer can help you understand your rights, assess your case, and build a strong strategy moving forward.
To speak with an experienced attorney about landowner duty in Florida or your potential liability after an accident on your property, contact Fulgencio Law today at (813) 463-0123 for a free consultation.
