Gerber Law: For Justice

Providing aggressive advocacy to injury victims in the southwest coast of Florida for 20 years.

Am I liable for trespasser injuries?

On Behalf of | Apr 22, 2021 | Premises Liability

When someone comes on your property without your permission, they break the law and become a trespasser. However, what happens if that person suffers an injury while illegally on your property?

Under normal circumstances, when you invite someone on your property, you have liability for that person’s safety. However, the Florida Statutes states that when the injured individual is trespassing, you do not have any liability for his or her safety in most cases.

A note about minors

The general rules about trespassing and injury liability only apply to adults. There are different rules for children since they do not have the same ability to understand the law and hazards as adults do.

Exceptions

When it comes to adult trespassers, you generally have no liability if the person dies or suffers an injury on your property. However, if you intentionally injure the person, you are liable.

You do not have a responsibility to notify trespassers of potential dangers on your property. If you know someone is trespassing, though, you should warn them about the hazards present that are not obvious. If you fail to do that, you could face liability.

Felony actions

If the trespasser is committing a felony on the property, that voids all liability you may have for injuries or death.

Basically, when someone comes on your property without your permission, he or she is already breaking the law. In the eyes of the state, he or she is assuming the risks that come with entering an unknown property and any hazards that may be on that property.

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