[pastor1189]

Trespasser

Here is an unusual situation. A neighbor in the next block
Had a trespasser on her property, which fell over her water hose.
The trespasser is now suing the Homeowner for damages. The case has been consented and accepted by the civil court in Florida. Is anybody aware of this circumstance

[ScottGem]

So someone walked across her front yard and tripped on a hose? I wouldn't necessarily label the person a trespasser. Unless there were signs warning people from setting foot on the property, trespassing may be too strong.

She should just let her homeowners insurance take care of it.

[Fr_Chuck]

It is very likley they will win. I don't have the quote for it, but there was a surpreme court case many years ago, A person broke into a persons home, to rob it, in doing so, they fell down the flight of stairs and broke their leg. In this case there was no hand rail. The robber won the case and it was upheld.

So I would expect the trespasser to win

[pastor1189]

Very interesting .the women has a fence in yard. The person just walked up the driveway.
Maybe selling something. Do you think a no trespassing sign would have help?

[JudyKayTee]

Very interesting .the women has a fence in yard. the person just walked up the driveway.
maybe selling something. Do you think a no trespassing sign would have help?

I'm a liability investigator in NY - a "slip and fall" (which is the general category) on private property is not that unusual. A hazard is considered to be a hazard whether the guest is invited or not.

A no trespassing sign would matter little.

The neighbor needs to turn this over to HO insurance.

BUT if there's a no trespassing sign on a secured gate, the intruder opens the gate and enters and is injured, that's somewhat different.

[AK lawyer]

... The case has been consented and accepted by the civil court in Florida. Is ...

I'm guessing the complaint was filed and perhaps survived summary judgment. This doesn't mean that the plaintiff will ultimately prevail, only that that particular judge felt that it was possible they could prove negligence and so forth.