What if I was Injured While Trespassing?
If you were injured while trespassing on someone’s property, you might be wondering if you have any legal recourse. The law on an injured trespasser’s rights is complicated and much less straightforward than if you had permission to be on the property. However, it is always worth consulting an experienced attorney who understands Florida law on the matter.
At Tragos, Sartes & Tragos, our Clearwater premises liability lawyers can assess your situation and provide honest advice on your legal rights and options following injuries as a trespasser.
What is Trespassing in Florida?
Trespassing occurs when someone enters or remains on someone else's property without permission. In Florida, trespassing can be both a civil and criminal offense, depending on the circumstances.
Property owners have a duty to ensure the safety of those who are legally on their property. However, this duty may not extend to trespassers. In general, property owners are not liable for injuries suffered by individuals who were trespassing at the time of the accident.
Examples of Trespassing on Property
Trespassing on someone else's property can occur in various situations. It is important to be aware of these scenarios to understand your rights if you are injured while trespassing. Common examples of trespassing include:
- Entering private residential or commercial property without permission
- Ignoring "no trespassing" signs
- Remaining on a property after being asked to leave
While trespassing is generally considered illegal, if you are injured while trespassing, you may still have legal options. Remember, every situation is unique, and the outcome of a trespassing injury case will heavily depend on the specific circumstances involved. Seeking legal advice from a knowledgeable attorney allows you to pursue any available legal remedies.
Can Trespassers Still Recover For Their Losses?
It is a common misconception that injured trespassers never have any legal recourse to recover for their losses. While it is true that trespassing is generally considered illegal, there are certain situations where injured trespassers can still seek compensation.
First, property owners can often be liable for injuries sustained by trespassers when they intentionally cause harm to them or engage in reckless behavior. If the property owner creates a hazardous condition intentionally or fails to place warnings about known dangers on the property, they may be held liable for any injuries that occur. For example, if a property owner sets up a booby trap and a trespasser gets injured, the property owner could be held responsible.
Additionally, if the property owner knows or has reason to know that trespassers frequently enter their property and they fail to take reasonable steps to prevent harm, they may also be held liable for injuries sustained by trespassers. This is especially true if the frequent trespassers are children.
Consult Our Clearwater Premises Liability Attorneys
If you have been injured while trespassing on someone else's property, it is important to understand that you may still have legal options. At Tragos, Sartes & Tragos, our experienced Clearwater premises liability attorneys, are ready to evaluate your unique situation. Contact us today to schedule a free consultation.