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Property owners' liability for injuries depends on who is injured

There are many different types of property owners in Florida. Some just own a single family home, some are store owners, some are farmers, some provide entertainment, some own restaurants and there are many other types of owners. While the purpose of the land varies depending on the owner, one thing is similar though, if someone is injured on the property, they may be liable to compensate the victim through a personal injury lawsuit.

However, whether the property owner will be liable depends on a number of factors. The main factor is what status the injured party had at the time. When people enter others property, they are either on the property by invitation or they are trespassing. Property owners have a greater responsibility to protect people invited onto the property from dangerous conditions.

Generally, a property owner will not be liable for an injury to a trespasser, but there are exceptions. There are two different types of trespassers. One is a discovered trespasser. This is an individual who does not have an invitation to be on the property, but the property owner was made aware of their presence within 24 hours prior to an accident. Undiscovered trespassers are ones which the property owner is not aware of the fact that they have been on the property.

A property owner must only refrain from intentionally injuring an undiscovered trespasser and does not have a duty to warn about dangerous conditions. If it is a discovered trespasser, the property owner must refrain from intentional conduct, gross negligence and has a duty to warn of dangerous conditions on the property.

There are many people who are injured on other's property in Florida. The injured person may be entitled to compensation, but whether they do depends on why they were on the property among other factors. Experienced attorneys understand liability in these cases and may be a useful resource.

Source: Florida State Legislature, "Florida Statute 768.075" accessed Dec. 12, 2017

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