Trespassing laws can be complicated and daunting, especially when someone sufetes personal injuries and medical costs are involved. Many people assume that if they were hurt while on private property without permission, they have no legal rights. However, that is not always the case.
At The Perazzo Law Firm, serving Florida, Georgia, and Texas, our attorneys understand the complexities surrounding trespassing and property owner liability. In the event of an accident or injuries as a result of a negligent property owner, contact our Miami Premises Liability Attorneys Now!
Understanding Trespassing Laws in Florida
Under Florida law, trespassing occurs when someone enters or remains on another person’s property without consent or refuses to leave after being asked. It is considered a criminal offense that can result in fines or even jail time. Still, a person who was trespassing and became injured does not automatically lose all legal rights. Depending on the situation, they may have grounds to pursue compensation.
Can You Sue a Property Owner If You Were Trespassing?
Generally, a trespasser cannot sue a property owner for injuries that occur while unlawfully on private property. Property owners usually owe no duty of care to trespassers, meaning they are not legally responsible for maintaining safety for people who enter without permission. However, there are several exceptions under Florida law that could make a property owner liable for injuries to a trespasser.
Key Exceptions That May Allow a Trespasser to Sue
Known Trespassers: If a property owner is aware that people frequently enter their land, such as through a commonly used shortcut or unfenced lot, they may have a duty to warn about or correct dangerous conditions that are not obvious.
Intentional Harm: If the property owner sets traps, uses dangerous devices, or creates hazardous conditions designed to injure trespassers, they can be held legally responsible. For example, leaving a concealed pit or electrified fence where trespassing is common may be grounds for a lawsuit.
Attractive Nuisance: This exception applies primarily to children. Property owners may be liable if a child is injured after being drawn onto the property by something appealing or dangerous, like a swimming pool, playground equipment, or construction materials. The law recognizes that children do not always understand the risks and requires property owners to take reasonable steps to secure such hazards.
What About Georgia and Texas?
Georgia and Texas follow similar principles. In both states, property owners typically owe no duty of care to trespassers, but they can be held liable for gross negligence or intentional harm. Like Florida, both states treat child trespassing cases differently under the attractive nuisance doctrine. The Perazzo Law Firm assists clients in all three states, evaluating each case based on state-specific statutes and precedents.
How Much Can You Sue for Trespassing Injuries?
If a trespasser can prove that a property owner’s negligence or intentional actions caused their injuries, they may be eligible for compensation. Recoverable damages can include medical expenses, lost wages, pain and suffering, emotional distress, and long-term disability. However, these cases are challenging, and the outcome depends on the evidence of the property owner’s misconduct.
Get a Free Consultation – Call 888-PERAZZO
If you were injured while on private property, even as a trespasser, it is important to speak with an attorney before assuming you have no rights. The Perazzo Law Firm can evaluate your situation, determine whether the property owner can be held liable, and help you pursue compensation if applicable.
Call 888-PERAZZO or visit www.theperazzolawfirm.com for a free consultation. We proudly serve clients in Florida, Georgia, and Texas. Hablamos Español. No fees unless we win.
