Can a Trespasser File a Personal Injury Claim in Florida?

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In most instances, Florida property owners have no duty of care to those who trespass on their property. However, trespassers in the Sunshine State have more rights than you may think. If you were injured while trespassing, please read on, then contact an experienced Port St. Lucie premises liability lawyer to learn if a trespasser can file a personal injury claim in Florida.

When does a Florida property owner not owe a duty of care to a trespasser?

Per Florida Statute 768.075, property owners are not liable for injuries sustained on their property if the trespasser was either intoxicated or was trespassing with the intent to commit a felony on the property or if the property owner did not know that the trespasser was on their property when the trespasser sustained an injury.

When does a trespasser qualify for compensation in a Florida premises liability claim?

Believe it or not, Florida trespassers do have some rights, meaning there are some instances in which they can file valid premises liability claims. For instance, if the property owner is found to have committed either intentional misconduct or “gross negligence” toward the trespasser, the latter may hold the former liable. Some examples are as follows:

  • The trespasser had reason to believe that the property owner had invited him or her onto the premises. If one can prove that one could have reasonably assumed one was not trespassing at the time of one’s injury, he or she may have a valid claim.
  • The property owner was unaware of the trespassing, caught the trespasser in the act and then proceeded to act in an unlawful manner toward him or her, resulting in wrongful injury.
  • The property owner knew you were trespassing and knew of unsafe conditions on the property, but failed to remove those safety hazards or warn you. Such safety hazards include dangerous dogs and practice shooting.

If your case meets any of these or related categories, you should reach out to a skilled St. Lucie County personal injury lawyer to discuss your next steps.

How can a St. Lucie County personal injury lawyer help you?

A St. Lucie County personal injury lawyer can help draft, collect, compile and present the necessary evidence to prove your case in court. He or she will also give you a fair and honest assessment of your case and provide guidance so you can make informed decisions. Our firm will fight for you and your future.

Contact our experienced Port St. Lucie Firm

Here at The Florida Personal Injury Law Team, our firm understands the detrimental effects that an injury can have on an individual and his or her family. Our firm handles a wide array of personal injury claims, including those involving auto accidents, slip and falls, defective products, construction accidents, dog bites, wrongful death, and more. If you require legal representation for matters of personal injury, look no further than the Florida Personal Injury Law team. To schedule your first consultation with our team, contact an experienced Port St. Lucie personal injury attorney today.