Florida homeowners are generally not responsible for injuries to a trespasser on their property. However, they may be liable if there are aware of or should have known that trespassers frequently enter their property. In such a scenario, the danger would have to have been caused by the homeowner and likely to cause death or serious injury. Furthermore, a property owner would need reason to believe that it wouldn’t be discovered.
Finally, a homeowner would be liable if all of the above are met and the danger was not disclosed to the trespasser. It should be noted that a homeowner does have a duty to keep minor trespassers safe from harm while on the homeowner’s property. This is because children are not expected to know or understand the danger that they may put themselves in. The law considers an unlocked swimming pool or unattended well to be examples of attractive nuisances.
Therefore, it is up to a homeowner to inspect a property and take action to remedy any potential dangerous conditions. A homeowner may be liable for injuries to a child if that person knew or should have known that a child could be drawn to the property. The child would have to be put at an unreasonable risk of injury that he or she would not be aware of.
Those who have been harmed because of the actions of a negligent property owner, even if they had not been invited to be on the premises, may wish to meet with legal counsel to see what recourse they may have. If the requisite elements can be established, an injured victim may be entitled to compensation for medical bills, lost wages and lost future earnings.