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Florida property owners not liable for all injuries

There are countless property owners in Florida, many of whom have people coming and going from their property every day. Most of the time these people are invited onto the property. When a person is invited on to the property, the property owner is responsible for ensuring there are not dangerous conditions on the property. However, if the person is not invited onto the property the owner's legal obligation may differ and in some situations owners are not liable at all for injuries to such people.

Under Florida law, there are two types of trespassers, meaning people who were not invited onto the property. The first is a trespasser that the property owner did not know was on the property. In these situations the property owner is not liable for any injuries suffered by the trespasser unless the property owner intentionally did something which harmed the trespasser.

The second type of trespasser is one which the property owner knows is on the property. In these situations, the property owner is not liable for any injuries to the trespasser, unless the injury was caused by the property owner's gross negligence or intentional misconduct.

Also, property owners can avoid liability for injuries to a trespasser whose blood-alcohol concentration was above .08 at the time of the injury or the trespasser was under the influence of controlled substances to the point that it impaired his or her normal faculties. However, if the injury was caused by the property owner's gross negligence or an intentional act they still can be liable.

Unfortunately, many people are injured or even killed on other's property in Florida each year. However, in some situations the property owner may not be liable for harm. If the injury was caused by a dangerous property condition, though, the injured person may be entitled to compensation. Experienced attorneys understand premises liability law and may be able to help get one the compensation they deserve.

Source: Florida Legislature, "Florida Statute 768.075" accessed on December 8, 2014

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