Can a property owner be sued by a trespasser for injuries they sustained while on their property? The answer is yes; but the ability to recover will depend on state laws regarding property liability and the property owner’s duty of care.
Who is a Trespasser?
This is someone who enters someone else’s property without permission. They do not need to have ulterior motives to be considered a trespasser. Premise owners do not owe duty of care to trespassers and they are also not permitted by law to take steps that will harm trespassers. Such steps include setting up motion sensors that trigger gun fire when a trespasser triggers them. If you are a premise owner and you anticipate trespassers, you are required by law to provide warnings or hire security personnel to guard your premises.
If a landowner is aware of a trespasser, they owe the trespasser duty of care by informing them of any dangerous conditions on the premises. For instance, if a trespasser is someone that got lost and is trying to find their way out, a property owner should inform them of any imminent danger such as a security dog in the compound if they have one.
Trespassers sometimes may not be adults, but children. Property owners as required to take extra measures to protect children on their property if they have an attractive nuisance on their property.
Property Owners are not Responsible for Trespasser’s Injuries
There are, however, exceptions to this rule. If you file a lawsuit against a property owner for injuries you suffered on their property while trespassing, the court will likely not rule in your favor but if you can prove why you deserve compensation, then you might have a chance.
For instance, if people use certain property as a shortcut to a state park and the owner of the property usually hunts for deer on that property, they are obligated by the law to post signs warning people of the dangers.
However, if you post warning signs that does not mean that you engage in willful and wanton conduct that will injure trespassers. For example, if people are always using your property as a shortcut and this gets on your nerves, you may decide to place traps to deter people from using your property as a route. When people pass through your property and they are injured by the raps, you will be held liable for injuries to the trespassers.
The only time you can use deadly force is to protect yourself and not to protect property. For instance, if a trespasser displays behavior that indicates they want to harm you, then you are entitled to use a gun to protect yourself.
What Should You Do If You are Injured on Someone Else’s Property?
Seek Medical Attention
The first thing that you should do is to get your injuries checked out by a doctor. This may seem like an obvious step but most people dismiss injuries they consider minor only to later on realize this wasn’t the case.
Take Pictures.
If you are able to, take pictures of the scene and of your injuries. Take pictures in as many different angles as possible.
Gather as Much Evidence as Possible
Your clothes, shoes and other items that you had with you when the accident occurred should be preserved; meaning you should not wash them. Make sure you store them properly without changing them in any way. If there were any witnesses make sure you get their contact information .
Obtain a Police Report
If you were attacked, you should obtain a police report. If the accident was a slip and fall injury, you should report to the premises owner and file an incident report.
Preserve All Medical and Expense Records
You may be eligible to receive reimbursement for any expenses you incurred while treating your injuries but you need to provide proof. This means that you have to provide a detailed report of the medical procedure performed on you and how much it cost.
Legal Help for Injuries on Private Property
It’s important that you get in touch with a premises liability lawyer if you’ve been injured on someone else’s property. If you are in Fall River, MA, contact our lawyers at 508-676-0001 today for a free case consultation.
