Injuries Sustained While Participating in Recreational Activities
When someone is injured on another person’s property due to a dangerous condition, hazard, or defect, the injured party is often able to file a premises liability lawsuit to recover damages. This is because property owners are required by law to take reasonable measures to make their premises safe for visitors. However, the level of care required depends in large part on the relationship between the visitor and the property owner. For instance, a store owner is required to take much more extensive measures than a private property owner to make his or her premises safe for visitors.
This issue can become particularly complicated when a person is injured on someone else’s property while engaged in a recreational activity, such as fishing, boating, swimming, or hiking, so if you were injured in this type of accident on another person’s property, it is especially important to speak with an experienced premises liability attorney who can represent your interests.
What Qualifies as Recreational Use?
In an effort to make land, water areas, and park areas available to the public for recreational purposes, the Florida Legislature has deemed certain types of landowners to be immune from liability. In fact, anyone who owns or leases property that can be used by the public for outdoor recreational purposes does not owe a duty of care to:
- Keep the area safe for entry by visitors; or
- Give warning to those entering of the existence of hazardous conditions, structures, or activities.
As a result, these types of property owners cannot be held liable for injuries to visitors that occur on their property as long as the land is being used primarily for hunting, fishing, wildlife viewing, or another outdoor recreational purpose, which includes the following activities:
- Swimming;
- Boating;
- Camping;
- Picnicking;
- Hiking;
- Pleasure driving;
- Nature study;
- Water skiing;
- Motorcycling; and
- Visiting historical, scenic, scientific, or archaeological sites.
Even in these cases, property owners are required to provide written notice of their immunity from liability in a conspicuous area and are also prohibited from charging visitors for the use of the property. It is the landowner’s responsibility to prove these elements, so those who are unable to do so will be held liable for damages, which could include compensation for past and future medical expenses, lost wages, property damage, loss of future income, emotional distress, wrongful death damages, and pain and suffering. Immunity is also waived in situations where injuries are the result of deliberate, willful, or malicious activity.
Call Today to Discuss Your Case with a Premises Liability Attorney
It can be difficult to collect damages in cases where a person was injured while participating in a recreational activity on someone else’s property, so if you were hurt while swimming, camping, hunting, boating, or taking part in another outdoor recreational activity, you should speak with one of the dedicated Fort Lauderdale premises liability attorneys at Boone & Davis by calling 954-566-9919. A member of our legal team is standing by and eager to help you throughout every step of your case.
Resource:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0300-0399/0375/Sections/0375.251.html
