Injuries can happen anywhere, even when someone enters a property without permission. While trespassers generally have fewer legal protections than invited guests, there are situations where an injured trespasser may have grounds for a premises liability claim. Understanding these exceptions can help injured parties know their rights.
Rights of child trespassers
Children may not understand the dangers of entering private property. The law recognizes this through the “attractive nuisance” doctrine, which holds property owners responsible for hazardous conditions that may attract children. If an unsecured hazard, such as a swimming pool or abandoned building, causes injury, the owner may be liable. Failing to install proper safety measures, such as fences or warning signs, can strengthen a premises liability claim.
Liability for intentional or reckless harm
Property owners cannot intentionally harm trespassers. Setting traps or using excessive force to remove someone from the premises can lead to legal consequences. If an owner’s actions result in serious injury, the injured person may be able to file a claim for damages.
When a property owner is responsible for a trespasser’s injuries
Trespassers are not without legal options. If a property owner knows people frequently enter their land but fails to address hazardous conditions, they may be responsible for injuries. Unmarked deep pits, broken walkways, or hidden fencing can create dangers that lead to serious harm. If an injury occurs due to the owner’s extreme negligence, the injured person may be able to seek compensation.
If an injury occurs while trespassing, seeking medical attention is the first priority. Documenting the hazardous condition and gathering evidence, such as photos and witness statements, can help build a case. Understanding legal rights can help injured trespassers take the necessary steps to recover compensation for their injuries.
