When someone is injured on the property of another party due to some defect or hazard on the property, they may file a South Florida premises liability lawsuit against the landowner, seeking compensation for their injuries. In general, landowners owe a duty of care to most people who enter their land. The extent to which a landowner must go to provide a safe property depends heavily on the relationship between the parties and the reason why the visitor is on the landowner’s property.
One question that often comes up in Florida premises liability lawsuits is whether an accident victim can recover compensation when they are hurt on another party’s land while engaging in a recreational activity, such as swimming, hiking, hunting, fishing, or boating. The answer, as with many questions in the law, is “it depends.”
Under Florida’s recreational use statute, Florida Statute 375.251, some landowners who allow others to use their property for recreational purposes are immune from liability. In order to qualify for this immunity, a landowner must show that they allowed the injured person to use their land for a recreational purpose and did not collect a fee for doing so. The burden is on the landowner to establish these elements, and a landowner’s failure to present evidence of each will result in the court declining to find that the landowner is immune from liability. A recent case illustrates how a court might analyze a recreational use defense.