In the state of Florida, there are premises liability standards for personal injuries caused by an accident on someone’s farm property. Agritourism has brought more attention to this area of law in recent years.
Depending on the reason a person is on a farm, and subsequently incurs an injury, it can be considered the “duty” of the owner, to provide compensation for injuries that occur on their property.
- Trespasser: A person who enters the farm without an invitation, or other right, and intrudes for their own purposes to satisfy his curiosity. Duty: To refrain from willfully injuring the trespasser.
- Uninvited Licensee: A person who chooses to come upon the property for his or her own convenience without invitation either expressed or reasonably implied under the circumstances. (Example: teenagers partying in a field owned by a farmer.)Duty: Same as for Trespasser.
- Invitee: A person invited to the farm to conduct either business or personal matters. (Example: a customer invited to pick their own fruit on the farmer’s land.) Duty: Farmers owe invitees the highest level of concern and care, and must keep invitees away from unsafe environments or warn invitees of the unsafe premises.
- Licensee: A person who visits the farm for non-business purposes with the consent of the owner of the farm, such as a social guest. Duty: Same as an Invitee
Florida Workers’ Compensation normally covers injuries incurred by an employee while they are present at a work site, thus, they are not usually eligible for additional compensation. However, there are some exceptions depending upon the reason an employee might be on a given property, etc.
Central Florida Premises Liability Claims for Farm Accidents
Farm accidents can cause massive and debilitating injuries, and sometimes death. These accidents also fall under Florida’s premises liability law, and include:
- Automobile accidents caused by a farm animal on the highway/road
- Falling off a horse
- Being kicked by a horse, cow, or other animal
- Falling off of a combine, tractor or any heavy equipment
- Miscellaneous farm accidents
Oldham & Smith are Central Florida Premises Liability lawyers with the experience and expertise you need to ensure that you receive the compensation you deserve to sustain you and your family while you recover from your injuries.