Jacksonville Premises Liability Attorneys

Premises Liability-Trespassers

Under Florida premises liability law the owner of the property or the person who possesses the property, has a duty to be responsible for injuries on that property. The extent of responsibility may be partially dependent on how the visitor is classified. Anyone who enters the property can be defined three ways – a trespasser, a licensee, or an invitee.

An invitee is owed the highest level of responsibility to warn of any potential hazards. A licensee will be on the property for commercial benefits such as delivering supplies.

While the latter two are generally invited onto the property which must be made safe enough to accommodate visitors, the trespasser is not invited and does so for his own purpose or advantage. He may be looking for a place to sleep or may be trying to rob the place. Maybe they are kids looking for some fun at a swimming pool or amusement park after hours.

What the landowner does have a duty to do is refrain from willfully causing any intentional injury to that trespasser by, for example, leaving out a trap or a large uncovered hole for the trespasser to fall into.

While the landowner is generally not liable for any injuries caused to a trespasser by a failure to make the place safe, if the landlord understands there are intruders on the property and understands there are dangers present that the intruder will not discover unless at his own peril, the landowner may be held liable.

The property owner’s insurance carrier would handle a Florida premises liability claim that could be filed over the unsafe condition of the property such as uneven floors, a slippery surface, broken walkways, an open hole, broken steps, or debris or construction equipment left out.

Even for a trespasser, the landowner must exercise reasonable care for the trespasser’s safety if he knows they will be there or has received information to conclude they could be on the property or the property has special attractions that trespassers are known to visit. Once the landowner knows the trespasser is there or could be there, the landowner must exercise reasonable care even for the trespasser’s safety.