Most homeowners take significant steps to protect their property from intruders and prevent trespassers, but these measures are not foolproof. Unfortunately, uninvited guests can make their way onto your property, even breaking into your home.
Your main concern is your property, ensuring it is not stolen or destroyed. The last thing on your mind is the wellbeing of the intruder or safeguarding them from potential injuries. But what happens when a trespasser is injured on your property? Is it possible to face a premises liability claim for a trespasser’s injury?
In simple terms, a trespasser is a person not authorized to be on private property. Landowners have minimal obligations to protect people who enter their property without permission. However, landowners cannot willfully injure trespassers. If a landowner is aware or should know that trespassers frequently enter their property, they may have liability for injuries that result from a safety hazard.
Liability for injuries
Generally, liability for injuries to trespassers applies only if:
- The landowner knows or should know that trespassers frequent their property
- The unsafe condition was created or maintained by the owner
- The unsafe condition is likely to cause serious injury or death
- The landowner had reason to believe trespassers would not discover the unsafe condition before injury and the owner failed to exercise reasonable care in warning trespassers of the condition or risks presented by the condition.
Children
There is an exception when it comes to children. Property owners have the duty to ensure their property is safe for child trespassers. The idea is that children are more prone to be lured to dangerous conditions. This could include unattended swimming pools, an abandoned well or heavy machinery. Thus, a property owner could face liability for an injured trespassing child if they knew or should have known that children are likely to trespass in the area of their property where dangerous conditions exist, the child was not aware of the risk and the usage of the dangerous condition is small compared to the risk is exposes children to.
Premises liability matters can be complex. Whether you seek to hold a property owner liable for injuries suffered when you were an authorized guest or a trespasser, it is important to understand your legal rights and options.
