Property Owner Injury Liability for Trespassers

Premises liability insurance protects a property owner in the event that an injury liability claim is filed by someone who becomes injured on the homeowner’s property. This type of law is called “premises liability” in which the duty of a homeowner to a trespasser is simply to refrain from intentionally, willfully or wantonly injuring them. If a dangerous condition exists on the homeowner’s land that might be attractive to small children, the homeowner has a duty to eliminate the danger and/or protect the child from the dangerous condition. If the homeowner fails to take precautions to protect others against the danger, they may be facing a property injury liability claim from the victim.

The Importance of the Plaintiff’s Status

The law defines a trespasser as a person who is not authorized to be on the property in question. If a property owner knows that there are trespassers frequently their property, they can be held liable for injuries caused by an unsafe condition on the property if:

The owner created or maintained a dangerous condition on their property
The condition could be the cause of a serious injury or result in an individual’s death
The property owner may have known that a trespasser would not discover the dangerous condition on their own
The owner did not use reasonable care to warn the trespassers about the dangerous condition that existed on their property

If a property owner is not aware of trespassers, they are not responsible for warning a trespasser about a dangerous condition. In addition, the owner does not have to make their premises safe for trespassers. Premises liability cases are likely to hold the property owner less liable when a trespasser is the victim of an injury. Yet when children are involved, the law tends to side with a child that may be tempted to trespass by something called an “attractive Nuisance”.

Legal Definition for Attractive Nuisance

An attractive nuisance is legally defined as a condition that would likely appeal to small children, but at the same time be an extreme danger to them. Attractive nuisance is used as a defense when children trespass onto the premises of another. Property that may be dangerous and enticing to children could lead to an injury liability judgment against an owner. The most common example is a swimming pool which children find extremely attractive. The owner must take precautions to prevent accidents by putting a fence around the pool or installing a childproof pool cover. The law also says that certain appliances left outside, i.e. washers, dryers and refrigerators, must have their doors removed so that small children cannot become trapped inside them. Attractive nuisance laws are designed mainly to protect children as opposed to adults.

How a Lawyer Can Help

If you are a property owner that is being sued by someone who was trespassing on your property, you might want to seek legal advice from an attorney. An experienced lawyer may be able to defend you against premises liability by showing that you exercised reasonable care and that the negligent conduct of the injured party is responsible.

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