I was violently injured at apt complex. I was invited by someone and I don't believe they actually lived there but not to say they didnt, but I was invited. Legally was I trespassing? How can it be proven that the people didn't live there if they were never caught? So if I was trespassing and the crime was foreseeable, and trespassing was known to occur on property can the owner still be held liable?
The distinction as to the duty of care owed to a trespasser lies in active negligence versus a static condition or passive negligence. Put simply, the owner of the premises generally has no duty to keep the premises in good repair to protect a trespasser from a dangerous condition, but he has a duty to protect a trespasser when he sees him in a position of peril from the hidden condition, and he has a duty to exercise ordinary care not to injure the trespasser by his active negligence when the owner knows of the trespasser's presence or has reason to anticipate the same.
How are you able to post the same question from GA and FL?
Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff
It depends on the specific facts of your case, the history of criminal activity on the property, and other factors, but you may have a negligent security case.
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