Negligence; civil liability of certain persons for harm caused to trespassers

Common Elements summary — Section 768.075 limits the duty owed to a trespasser on real property. A landowner is generally not liable to a trespasser for injuries caused by the condition of the premises unless the landowner's conduct was willful and wanton, or unless the trespasser was discovered (a known trespasser) and the landowner failed to exercise reasonable care to avoid causing harm. For HOA and COA boards this section reduces exposure for injuries to people who are on the property without permission — the teenager who climbs the pool fence after hours, the door-to-door solicitor who ignores a "no trespassing" sign. It does not eliminate the duty entirely, and discovered-trespasser liability remains a meaningful exposure (the most common scenario: a manager sees the trespasser, says nothing, and the trespasser is injured). The protective effect depends on the property being clearly posted and the policy being consistently enforced. Inconsistent enforcement (you toss out the kids you don't like but tolerate the ones you do) creates the discovered-trespasser exposure that 768.075 was supposed to limit.

Not legal advice. Click through to the official source for statutory text.