When is a Property Owner Liable for a Trespasser’s Injuries?

If someone trespasses on your property and becomes injured, they may be able to take legal action against you. In general, a property owner is not responsible for trespassers and any injuries they incur, but in some cases, you can be held responsible. Read on to find out more about who is liable for a trespasser’s injuries and what to do in the event that someone is injured on your property.

Property Owners Are Not Responsible for Trespasser Injuries

This is the general rule that is followed. For the most part, if someone trespasses on your property and becomes injured, you will not be held responsible. But, it is important to note that there are exceptions to this rule and in some cases, a trespasser can take legal action against you.

Discovered Trespassers

Property owners are protected by the assumption that they cannot expect someone to trespass on their property. But, you may live on a property that many people walk through. If you know that trespassers often enter your property, you become responsible. For example, if you know there are hazardous conditions, and you know that people may become injured and you do not do anything, you can be considered negligent. The solution to this would be to put up signs with warnings. Additionally, if you notice trespassers on your property, you should contact your local law enforcement.

Willful and Wanton Conduct

Different states view the law differently, but it is important to note that you cannot use deadly force to protect your property. Deadly force is usually only acceptable when your life is in danger and you are protecting yourself. For example, injuring someone who is walking through your yard is incredibly different than injuring someone who breaks into your home.

Additionally, it is important that you refrain from partaking in activities that will injure trespassers. For example, you should not practice shooting a weapon in your backyard, as this can injure someone trespassing or walking by.

Dogs

Animals can be dangerous. If you have a dangerous dog, you will want to put up signs warning trespassers of your pet. If you fail to sufficiently warn trespassers and they are injured by your animal, you may be held responsible.

If someone has been injured on your property, you will want to contact a skilled personal injury attorney. Contact our firm today to discuss your case.

Contact our Experienced New Jersey Firm

If you have been injured due to the negligence of another party and wish to speak with an attorney, contact the Law Office of Christopher T. Howell, Esq. today