Can A Trespasser File A Premise Liability Claim?

Jul 30, 2016 by

“No Trespassing.” We often this sign on walls or posts or in private properties. Such warning is not designed to vandalize the wall or post. It is placed there for a purpose. When you trespass and gets injured inside the premises of the private property, it is likely that you will be on your own when it comes to shouldering your medical expenses.

A trespasser is one who enters a property without the permission of the owner. In premise liability laws, the property owner does not have a duty of care against a trespasser. Thus, any injuries or accidents that happen to the trespasser, the property owner will not be liable for it. According to the website of Karlin, Fleisher & Falkenherg, property owners are legally required to ensure the safety of their premises. But what about an individual who trespasses in their property? Can they be held liable for accidents that will happen to someone who does not have their permission to enter their premises?

Generally, while the law prohibits someone to enter someone’s property without their permission, there are certain instances when the property owner can still be responsible for accidents or injuries to the trespasser. Here are some instances that a trespasser may pursue a premise liability claim:

1. Dangerous artificial conditions present in neighboring properties that could pave the way for unreasonable risk of harm to people who are lawfully on the neighboring countries.
2. Hidden dangers intentionally placed to cause injury to trespassers that would result to death or serious injury.
3. Use of willful, illegal force against a trespasser in some circumstances especially when the private property abuts public land.
4. Dangerous conditions maintained near a public right of way

The Rule of Attractive Nuisance

Attractive nuisance takes into effect when a child enters someone’s property without permission. Under this rule, if the property has a dangerous condition that is attractive to children such as a swimming pool, abandoned car, or discarded appliances, the property owner can be held liable for any injuries.

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