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Recent Letter to the Editor – Miami Herald

Jeffrey R. Davis
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Letter to the Editor Re: Premises Liability

A recent Letter to the Editor concerning Premises Liability contained incorrect information.  The letter stated that the law in Florida was unfair since owners of property are liable for injuries caused to trespassers. This is wrong.

Florida Statute § 768.075 provides immunity from liability for injury to trespassers on real property. The law says that a property owner shall not be liable for any civil damages for death or injury to a trespasser if that trespasser was intoxicated or under the influence of drugs; if that trespasser was not “invited” on the property; or if that trespasser is committing a felony.

Florida law does not need to be changed since a landowner’s duty to a trespasser is simply to avoid intentionally or deliberately trying to injure the trespasser. Hopefully this will correct the inaccurate statement made by an earlier writer on this issue.

Jeffrey R. Davis
Trial Lawyer
Miami, Florida

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