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Do I Have Any Rights if I’m Hurt While Trespassing?

If you are injured due to a dangerous condition on someone’s property, the property owner might clearly be liable if they invited you in. But what if you weren’t supposed to be on the property in the first place? 

Ft. Lauderdale property owners can still be held responsible for harm on the premises even if the injury victim is trespassing. That means a slip and fall attorney might be able to help you recover compensation in a lawsuit regardless of whether you had permission to be on the property. However, the premises liability laws regarding these situations are complex, and everything depends on the circumstances of your case.

Why Were You on the Property?

Your reasons for being on the property could play a key role in determining whether the property owner may be responsible for your injuries. If you had a good cause for believing you were allowed on the property, for instance, you might not be considered a trespasser.

On the other hand, if the property owner can prove that you entered the premises to commit a felony, it is much less likely that a slip and fall attorney in Ft. Lauderdale would be able to demonstrate that the property owner should be held liable for harm suffered on the premises. 

What Caused the Injuries?

Another set of circumstances that affects whether an attorney could successfully recover damages for injuries sustained while trespassing involves the cause of those injuries. If the property owner sets a trap to deliberately harm trespassers, that could be considered “intentional misconduct” under Fla. Stat. §768.075 and the owner is quite likely to be held liable for injuries that result. Similarly, if the injury is caused by “gross negligence” on the part of the property owner, it is also easier to hold the property owner responsible for the harm.

Other Factors That Affect a Trespasser’s Ability to Recover

Age, awareness, and intoxication are other factors that could affect a trespasser’s ability to recover. If the property owner has known for at least 24 hours of someone’s presence on their property, the owner has a duty to protect the trespasser from certain overtly dangerous conditions. 

If the trespasser is young and the property has a hazardous condition that could appeal to the adventurous nature of a child, the property owner has a special duty to provide protection. An attorney may be able to demonstrate liability under the doctrine of attractive nuisance.

Finally, if a trespasser is under the influence of alcohol or drugs, they will generally have a much more difficult time recovering compensation for injuries they suffer on another person’s property because of the liability limitations in Fla. Stat. §768.075(1).

Discuss Your Case with a Ft. Lauderdale Slip and Fall Attorney

When the circumstances matter, you need to be able to prove those circumstances in order to recover compensation for your injuries and suffering. So it is wise to talk to a dedicated attorney as soon as possible so your lawyer can gather evidence while it is most readily available. You can talk to an attorney and get a free case evaluation by calling 954-784-6310 or reaching out online.


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If you or a loved one has been seriously injured in an accident, you deserve an attorney you can trust

– to prepare your case properly, and to obtain the compensation you deserve. The Attorneys at the Maus Law Firm have tried more than 130 jury trials, and recovered millions of dollars on behalf of their clients. In fact, most of our cases are referred from our former clients on cases in which we served as the lead accident claims lawyer.

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