In the event that you suffer an injury on another person’s property due to a defective fitting or a hazard on the property, you have the option to file a premises liability lawsuit against the owner of the property seeking compensation for your injuries. Landowners are obligated to show a duty of care to the people who enter their property. The extent to which property owners must go to offer a safe space will depend heavily on the relationship shared by the parties involved and why the visitor has to step into the landowner’s property.
A common question that often arises during a Florida premises liability lawsuit is whether a victim of an accident can recover compensation after suffering an injury on another party’s property while engaging in recreational activities like hiking, swimming, hunting, boating or fishing. The answer, to this question, as is the case regarding many legal issues is that there may be exceptions in some cases depending on specific parameters.
Under Florida’s recreational use statute, landowners who allow people to use their space for recreational purposes can enjoy a measure of immunity from special liability circumstances. To partake from this protection, landowners must show that they let the injured individual use their property for recreational purposes without collecting a fee. It is left for the landowner to establish the elements that qualify him or her for such situations. A landowner’s failure to show evidence of this will mean the court declining to confirm that said landowner has immunity. Below is a recent case that illustrates how this could occur:
The Facts of the Lawsuit
The plaintiff’s son suffered an injury while playing on a swing near a lake owned by the defendant. The defendant (the town) didn’t place the swing on the tree, although evidence suggested that a few employees of the defense knew of its existence.
The plaintiff filed a lawsuit centering on premises liability against the defense, seeking compensation for the injuries his son sustained. The town submitted a recreational use defense and argued that the plaintiff’s son engaged in a recreational activity on the premises at the time of the said accident, and the defendant could not be held accountable as a result this.
The court found that swinging a rope swing is the precisely the kind of recreational activity covered under the Florida recreational use statute, although it wasn’t explicitly stated in the statutory text. Due to this development, the plaintiff won’t be permitted to recover damages for his son’s injuries.
How a Florida Injury Attorney Can Help You In Such Situations
If you have been in such situations whether it as a landowner or a victim a Florida Injury Attorney can help you get the best legal representation. You will be able to recover the appropriate settlement you are due as a result of the injuries you suffer. A Florida Injury Attorney will make sure you follow the necessary steps for recovery following an injury.