Injuries can happen anywhere, and sometimes, property owners may become liable if the injured party files a premises liability claim. However, these owners could only become responsible based on what caused the incident and the circumstances surrounding the accident. The same goes if the injured party is a trespasser. In this situation, the owner is usually not liable except for specific scenarios.
Understanding accident details that can affect liability
In Florida, property owners or co-owners are typically not responsible if someone enters the premises without permission and sustains an injury. Protections usually only apply to people who have consent to be within the property, such as guests invited over by the owner or customers with valid reasons to enter and transact in the establishment.
Still, there could be exceptions when the attractive nuisance doctrine comes into play. This rule indicates that an owner can be liable for a trespasser’s injury based on whether there are dangerous conditions within the premises placed intentionally and recklessly. Putting these elements in the property could become a form of negligence, especially if the owner took no measures to warn others about the risks.
This rule typically applies on a case-to-case basis. An incident involving these factors can also be complex according to other details, such as whether the owner was aware that the dangerous condition existed or other offenses led up to the accident.
Knowing what caused the injury
Whether you are the injured party or the property owner, you can benefit from fully understanding the injury’s cause before taking legal action. In instances involving trespassers, seeking legal counsel can help you determine what to do next and whether negligence actually contributed to the incident.