Trespassing injuries can be complicated. On one hand, you have been injured on another person’s property. But, on the other hand, you were not supposed to be there in the first place. So, who is responsible for a trespasser’s injuries? Read on to learn more.
What if I Become Injured While Trespassing?
For the most part, if you become injured while trespassing, the property owner will not be responsible for your injuries. But, this is not always the case. While this is the general rule, there are a few important exceptions to note.
What are the Exceptions?
A homeowner may be held responsible for a trespasser’s injuries under the following circumstances:
- Discovered trespassers: A homeowner does not assume that someone will trespass and therefore does not need to take preventative measures. But, if the homeowner becomes aware that his or her property is used by trespassers often, he can no longer claim that he was not aware of their presence. For example, maybe this backyard is a popular shortcut to the beach. If the property owner knows that people are walking on the property and knows that there are hazardous conditions on the property, he may be considered negligent if an accident occurs.
- Willful and wanton conduct: If a property owner willfully partakes in dangerous activities that could injure a trespasser or passerby, he or she can be held responsible for resulting injuries. For example, if someone practices shooting in his or her yard and injures someone, he may be held responsible for the injuries. Additionally, it is important to understand the use of deadly force in your state. Generally, you cannot use deadly force to protect your property. For example, you can defend yourself against a burglar breaking into your home, but not against someone simply walking through your backyard.
- Dangerous dogs: Some dogs can be extremely dangerous to people and other pets. If a property owner has a dangerous dog, he or she must warn trespassers of the presence of the dog. Failing to do so can be considered negligent.
If you are injured while trespassing, there is a chance that you are entitled to recover compensation. Contact our firm to discuss your case with a skilled personal injury attorney.
Contact our experienced Florida firm
Here at Manuel & Thompson, P.A., we understand the potentially devastating effect that an injury can have on an individual and his or her family, which is why we are dedicated to helping all those who’ve been injured due to no fault of their own. Our firm also proudly handles insurance disputes, hurricane claims, fire loss claims, commercial litigation, and construction law matters. To discuss your case with our experienced Panama City personal injury attorneys, contact Manuel & Thompson, P.A. today for your free consultation.