Matthew Scarborough

Even if it’s established that there is fault on the behalf of the defendant, the other side still has to prove causation of injury. If someone slips and falls and says they have a back injury as a result, but we can prove that the injury was preexisting, we can win that case. They haven’t proved the causation of the injuries. Liability is only one step to this causation of injury.

Do I Have A Duty Or Responsibility To Trespassers On My Property?

Trespassers cannot seek damages unless the landowner knows that the trespasser is on his property. You have a duty to prevent reckless or intentional injury, even to trespassers, on your property. If you set up a trap and it injures someone, you can be liable.

What About Minors Who Have Trespassed Onto My Property?

Special laws have been created for children. Even if they are trespassers, if you have a pond on your property, and a child drowns, you can be held responsible. It’s called the Attractive Nuisance Doctrine. Kids love to play with things that are dangerous and you have a duty to protect kids, including trespassers, from those things.

What Is The Statute Of Limitations On a Premises Liability Claim In Florida?

In a premises liability case, the statute of limitations is four years. If you fail to file the lawsuit within four years after the accident, you are barred by the statute of limitations and cannot bring a case.

How Do We Prove That Someone Was Responsible For Their Own Injuries In A Premises Case?

The best way to prove that someone caused their own injuries is surveillance or video footage. You can show exactly what happened. Another way is to show that they were intoxicated at the time of the accident. In Florida, if you’re over 50% at fault for an accident because of your intoxication, then you are entitled to no recovery.

For more information on Partial Fault In a Premises Liability Case, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (813) 253-0097 today.

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