WHO’S LIABLE IF SOMEONE HURTS THEMSELVES WHILE TRESPASSING?

As a property owner, you have a legal obligation to keep the property reasonably safe for any visitors or invited guests. When someone trespasses, however, they are not a guest or visitor and are not protected under the same laws. In most cases, you will not be responsible for any injuries they suffer while trespassing on your property. However, there are a few exceptions in which you could be liable even though they broke the law.

DISCOVERED TRESPASSERS

There are some pieces of property which can be particularly subject to trespassing. For example, property which borders a local lake or state park may see a high number of trespassers who are simply trying to use the property as a shortcut. If you know, or have reason to know that people constantly trespass onto your property, you have a legal obligation to at least warn the trespassers of potential danger. If you fail to warn discovered trespassers of dangerous conditions, you may be liable for ensuing injuries.

WILLFUL & WANTON CONDUCT

As a property owner, you also have an obligation to not engage in any conduct with the willful intent to injure someone or a wanton disregard for their safety. This can be interpreted in a number of ways, but it essentially bans you from booby-trapping your property. If someone wanders onto your property and gets injured by a device or trap which was designed to injure trespassers, you will almost always be liable for their injuries.

INJURED ON SOMEONE ELSE’S PROPERTY? CALL MCMAHAN LAW FIRM.

At McMahan Law Firm, LLC, our Dalton personal injury attorneys take tremendous pride in standing for the rights of injured victims. When you retain our firm, you can expect tireless representation from a lawyer who will work with your best interests in mind.

Don’t let another person’s negligence cost you more than it already has. Call our firm at (706) 956-2395 to pursue fair compensation for your injuries.