The temperature has been sweltering this summer, but no amount of heat can discourage Floridians from celebrating the Fourth of July. Entertaining friends and family at a backyard gathering is a Gulf Coast tradition, and barbecues and pool parties are popular events. After a day of parades, parties, and festivities, fireworks and firepits often round out the evening. If you own a home in Florida, however, you must understand the potential danger and the liability you may face if someone is injured on your property. Your homeowner’s insurance is likely to cover you if someone is burned on a hot grill, singed while cooking s’mores, or injured in a pool accident – but what if the injured party pursues a lawsuit – are you liable?
With the Fourth of July 2023 upon us, the risk of injury from fireworks or even smaller items like sparklers increases. How can homeowners protect themselves from a lawsuit if someone is injured on their property?
Homeowner Liability
Property owners are legally responsible for keeping their homes and property safe for visitors, guests, maintenance workers, and state employees such as mailmen. You may be liable for their injuries if a visitor is harmed on your property. Homeowner liability may include premises liability, zoning violations, injuries involving alcohol, or accidents in and around swimming pools.
Even though an individual voluntarily enters your property, they may be allowed to bring a personal injury lawsuit against you. The merit of their claim will depend on the circumstances surrounding the injury and the standard of care regarding property maintenance. The law states that homeowners are required to maintain their property in a reasonable manner. Otherwise, they may face a negligence lawsuit. Guests must be forewarned of any hidden or potential dangers on the property. Homeowners should restrict access to any hazardous elements, such as fire pits or grills, by establishing and maintaining a safe perimeter for guests. Swimming pools should always be equipped with appropriate safety equipment installed and functional.
A homeowner’s insurance policy may cover accidents and injuries but can’t protect against a lawsuit.
Fireworks and Liability
In the state of Florida, fireworks are permitted to be utilized by homeowners only three days of the year – the Fourth of July, New Year’s Eve, and New Year’s Day. At a holiday party, it is common for hosts or guests to have fireworks to add to the festivities. If you permit fireworks on your property and someone is injured – or a neighbor’s property sustains damage – you may be sued for breach of care and negligence. Even though “everybody does it,” it may be smarter to stick with sparklers.
Of course, you could also be the party-goer. If you get injured at a Fourth of July party and believe it was due to the negligence of the homeowner, you may have a case.
Probinsky & Cole has provided personal injury representation to clients across Florida, with offices in Sarasota, Tampa, and Orlando. We work with victims of negligence, whether it be from a car accident, slip and fall, or poolside injury. While the idea of filing a personal injury claim may seem overwhelming, it is often the best way to receive the compensation you deserve to pay current and future medical bills or make up for lost wages. If you were injured and want more information on the merits of your case, call our offices today.
