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Premises Liability Claims For Trespassers


Most people assume that if a trespasser gets hurt on another person’s property, they cannot file a personal injury claim for damages. However, that is not always the case. In Florida, trespassers may be able to collect compensation if they are injured, so if you or someone you know was hurt while trespassing you may have more options than you think. To learn more about your ability to file a personal injury claim, call or contact the experienced Delray Beach personal injury lawyers at Earnhart Law today.

When is a Property Owner Not Liable?

This type of personal injury claim falls under premises liability, which holds a property owner or occupier liable for any injuries that occur on the premises caused by dangerous or hazardous conditions. A property owner owes different duties of care to different types of people on the premises, with trespassers owed the least amount of care. However, there are a couple of situations when a property owner is not liable at all if a trespasser is hurt on their property. If a trespasser is either intoxicated or on the premises with the intent to commit a felony the property owner is not liable for any injuries that result.

When Can a Trespasser Collect Damages?

There are also a number of situations when a trespasser can collect compensation if they are injured on another person’s property. Many of these situations involve intentional acts or gross negligence on the part of the property owner. One of the most common examples of intentional actions involve a property owner setting spring traps that are meant to injure or kill trespassers on the property. Another example is using an aggressive dog to guard the premises and not putting up warning signs or restraining the dog to prevent the trespasser from being injured. Other examples when trespassers can collect damages for their injuries include the following:

  • The trespasser believed that they were invited as a visitor or guest when they entered and were injured on the property,
  • Being an “undiscovered trespasser” where the property owner was initially unaware of the trespassing, but acted negligently or intentionally injured the trespasser once discovered,
  • Being a “discovered trespasser,” where the property owner knew of the trespassing but failed to warn of hazards on the property or remove the dangers.

Compensation for Premises Liability Claims

Trespassers that can file a claim for personal injury can collect economic and noneconomic damages for their injuries. Economic damages include present and future medical bills, lost wages, property damage, and the loss of future income and benefits. Noneconomic damages include compensation for pain and suffering, emotional distress, disability, disfigurement, and for the loss of enjoyment of life. To learn more about filing a claim for personal injury after being injured as a trespasser, talk to our office today.

Call or Contact Us Now

While you may think that you have no legal options after being hurt as a trespasser, that may not be the case. To learn more about whether you have a claim in the Delray Beach area, call or contact the attorneys at Earnhart Law today.



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