How Florida Lawyers can Sue Property Owners

By: Markus Skupeika

A DAY IN THE LIFE OF A FLORIDA LAWYER

Simon Flinch, Esq."  This was the name neatly carved on the oak-paneled door upon which Beth summoned enough courage to tap.  A grey-haired gentleman in his late forties showed at the door and ushered her in.  Simon knew this was a personal injury case, which he had an expertise built in his formidable 22 years of legal service.  He guessed, whatever Beth would say, it would make his day.

Jason, Beth’s 8 year-old son was injured on a private property and the owner did not claim responsibility since Jason trespassed on the property.  Simon nod in silence and when Beth was done, he gave what he, and other like him, including Ft. Lauderdale Lawyers knew best about personal injury cases arising from the same circumstances.

Can you sue the owner of a private property when you got injured while trespassing?

The answer is not conclusive.  As a general rule, the owner of the property has no “duty of care" to those who cross his property uninvited or without his expressed or implied consent.  However, there are three exceptions, which give rise to accountability:

First, when a property owner has prior knowledge that trespassers habitually use a portion of his property, he has the duty, as provided for by law, to provide reasonable degree of care to make that portion of his property safe.  A warning sign should be visible, in case that portion of the property poses a threat to the safety of trespassers.

Second, when a property owner has personal knowledge or enough evidence to believe that a person who is trespassing his property would be in imminent danger; the law provides that the property owner should exercise a reasonable degree of care over the safety of the person trespassing.

What about children of Jason’s age?

Third, for children like Jason, the law provides that regardless of the offense of trespassing, the property owner shall be deemed liable in case a child injures himself while at the property, provided the following circumstances concur:

  • Prior knowledge of danger.  The owner has prior knowledge which portion of his property children most likely will trespass, and that he is aware of the presence of danger on that portion of his property;
  • Lack of reasonable degree of care.  Despite of the presence of danger which would endanger a child’s safety that could result to his injury or even death, the owner did not observe reasonable degree of care to remove the condition which poses danger.
  • Bad outweighs the Good.  The attendant risk on children outweighs whatever benefit the owner generates from the presence of the condition.

In personal injury cases, it is best to consult a legal mind to determine your rights.  In Florida, there are prominent Florida Attorneys who, like Simon, have built a solid foundation of competence in resolving personal injury cases.  When in Ft.

Lauderdale, Ft. Lauderdale Attorneys are more than willing to offer legal assistance.

When Beth left Simon’s office, she felt as if a heavy load was taken off her shoulders.  She realized how lawyers, called by a lot of names like “Florida Lawyers", “Florida Attorneys", “Ft. Lauderdale Lawyers", “, it is still best to be extra vigilant with safety – all the way!

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