How can a property owner be held liable to a trespasser?
A property owner is under no duty to maintain the premises in a safe condition for trespassers. A property owner has a duty to avoid engaging in willful or wanton misconduct toward an undiscovered trespasser. However, if the property owner is aware that trespassers have been on the property, then these people are discovered trespassers, and the owner has a duty to warn them of any danger.
A property owner owes the duty of ordinary care to trespassers if he or she is aware that they regularly enter part of the property where the owner engages in a perilous activity. The owner also owes such a duty if he or she keeps an artificial condition on the property that is known to be dangerous, but will not be encountered by the trespasser.
More Slip & Fall FAQs:
- Can a plaintiff succeed in a slip and fall lawsuit by proving that a building owner violated a building code?
- Can an employee file a lawsuit against an employer for a slip and fall accident?
- How are department stores and shopping malls liable for slip and fall accidents?
- How can a business be held liable for slip and fall accidents?
- How can a property owner be held liable to a trespasser?
- How can nursing homes be liable for slip and fall accidents?
- How can one build a strong slip and fall personal injury claim when dealing with insurance adjusters?
- How can owners of swimming pools be held liable for slip and fall accidents?
- How do slip and fall accidents affect the elderly?
- How does one prove liability in a slip and fall accident?
- In a slip and fall personal injury claim, what kind of photographic evidence is useful?
- Is a department store liable to a customer who slips and falls on the premises?
- Is a homeowner liable to a guest who slips and falls at the home?
- What are some of the more common types of slip and fall accidents?
- What if someone slips and falls on property owned by a close friend or family member?
- What is the definition of premises liability?
- What is the likelihood that the plaintiff may be held to be contributorily negligent?
- Who is liable if someone is injured from a slip and fall at a rental property?
- Who is Responsible for Florida Slip and Fall Injuries?