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Homeowners Liability

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Serving all of Pasco County including Bayonet Point, Crystal Springs, Dade City, Elfers, HolidayHudsonLand O' LakesNew Port Richey, Odessa, Port Richey, Saint Leo, San Antonio, Shady Hills, Trilby, Trinity, Wesley Chapel & Zephyrhills.
Serving North Pinellas including Crystal Beach, Clearwater, Countryside, Dunedin, Oldsmar, Palm Harbor, Safety Harbor and Tarpon Springs. 
Serving all of Hernando County including Brooksville, Masaryktown, Spring Hill, Timber Pines and Weeki Wachee.
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So your throwing that big party this weekend. Friends and family will be arriving for food and fun. People often ask me about their potential liability to those who come onto their property. With regard to invited guests, a homeowner may be liable for injuries if there is an unreasonably unsafe condition on the land. The homeowner’s failure to warn of any known danger on the property may also lead to liability. If the danger is open and obvious, however, the homeowner is generally not liable. Even if the homeowner is liable, the amount of damages may be reduced by the injured visitor’s own negligence.

When it comes to serving wine, beer or alcohol, a homeowner is generally not liable for injuries caused by or to an intoxicated guest. Although a good host never permits a guest to drink and drive when leaving a party; failure to take the keys does not create liability for the homeowner.

When it comes to children, Florida recognizes the “Attractive Nuisance Doctrine”. Under the doctrine, a homeowner is subject to liability for physical harm to trespassing children caused by an artificial condition upon the land if...

(a) the place where the condition exists is one upon which the possessor knows or has reason to know that children are likely to trespass, and (b) the condition is one of which the homeowner knows or has reason to know and which he realizes or should realize will involve an unreasonable risk of death or serious bodily harm to such children, and (c) the children because of their youth do not discover the condition or realize the risk involved, and (d) the benefit to the homeowner and the burden of eliminating the danger are slight as compared with the risk to children involved, and (e) the homeowner fails to exercise reasonable care to eliminate the danger or otherwise to protect the children.
Randall J. Love