Premises Liability for Trespassers?

Premises liability is the area of law that places responsibility for an injury befalling a property visitor on the property owner or resident. Trespassers, in some circumstances, are considered a visitor and accorded protection under these laws.

Definition of a Trespasser

A trespasser is an individual who has not been invited onto the property. A trespasser enters of his own accord for no purpose other than his own. Trespassing can occur over the long term or for just a minute, but arises anytime an uninvited guests is on property not his own for a period of time.

A known trespasser is a trespasser that does not have permission to be on the property but that the owner or occupier knows is present. It is irrelevant whether the owner or occupier has requested that the trespasser leave, it is enough that he knows the trespasser is on his property. An unknown trespasser is an individual that is not known to be on the property, and cannot reasonably have been anticipated.

Why Known v. Unknown?

The distinction between a known and unknown trespasser is important because it determines the level of care an owner or occupier must put into keeping the trespasser safe. Normally, there is no duty to care for a trespasser. However, if that trespasser is known to be on the property or reasonably anticipated to enter onto the property, the owner or occupier owes the trespasser a care of duty.

The Care of Duty Required

The duty required to a known trespasser is to make know any potential hazards that could cause injury to befall the trespasser. This includes verbal and written warnings. There is no obligation to make the hazard safe, only one to merely warn of its existence.

Getting Legal Help

If a trespasser was injured on your property, or if you trespassed and were injured, speak to an attorney about possible compensation for your injuries. An attorney will be able to analyze the facts of your case and determine the potential for recovery.