A trespasser is a person who goes onto private property knowingly without an invitation. This can be done for many reasons, and most of the time it is more of a nuisance than anything else. However, sometimes unwanted persons on your property get injured. When that happens, who is liable? A personal injury lawyer is here to discuss how this works in more detail:
When Injuries Occur
Trespassers may not be aware of their surroundings when on your property, which can lead to slip and fall injuries. For example, maybe you have an extension cord out and they are not aware of this, so when they are unlawfully on your property, they trip over it and injure themselves possibly with a sprained ankle or broken bone.
If you have a dog, a trespasser can easily be injured by them. Even if your dog is not normally an aggressive one, a stranger on their turf may make them feel threatened. They can lash out and bite a trespasser.
Another example involves construction zones. Locations such as these have many dangers lurking for those who are unfamiliar with them — these can include tripping hazards, sharp objects, and more. If a trespasser wanders into a construction zone, there is a good chance they could be injured.
Who Is Liable
With those examples in mind, it is now time to answer the question: who is liable if a trespasser is injured on your property? As our friends at Cohen & Cohen can explain, most of the time you, as the property owner, are not liable. There are many factors that go into this from the jurisdiction of the incident to the actual injury sustained.
For example, if you set up traps for potential trespassers, then you are held accountable as this is illegal. Additionally, if trespassers of a young age are a known hazard on your property, injuries they sustain are on you. This means if you have a pool and the neighborhood kids are always getting into it, then liability could be on you. Additionally, it is your duty as the property owner to warn of hidden dangers such as asbestos or unsafe floors.
Protect Your Property
It is important as a property owner to warn others — both trespassers and those allowed to be there — of issues on your property. Put up clear signage around known problem spots such as sinkholes or exposed wires. Put up a fence around your property that deters people from entering and be sure to include a “no trespassing” sign.
Set up security cameras. These can prove invaluable in a personal injury case as they can help establish fault. Motion detectors are also a good idea, particularly lights that can come on at night to deter people or even detectors that make sounds.
Additionally, you should be conducting regular safety inspections. Check the fencing for holes where someone can squeeze in. Verify your cameras and lights are working. Determine if there are other areas on your property where signs should be put up to warn of dangers.
However, even if you have the most secure property possible, injuries can still happen. At that time, you should contact a lawyer near you for help immediately.
The information in this blog post does not constitute legal advice, nor create and attorney-client relationship. Laws constantly change, and this information may become outdated; moreover, the information here is only a general overview and may omit some aspects of the law. It is provided for discussion purposes only; not to be relied as legal advice.