Am I liable if a person trespasses on my property and get injured?

Question

Melvin Franke · Answer

It depends upon the facts.

Gregory Crain · Answer

Yes.

Jared Altman · Answer

Yes.

Mark Smith · Answer

No as long as the danger was not hidden.

Stephen Lombardi · Answer

Assuming you are the owner or considered the possessor of the property generally speaking you're not liable for trespassers except in certain instances.

Without more I'm not able to answer this question with any confidence since I don't know if you set a trap for which you would be liable or had knowledge of the trespass and allowed to be exposed to a known risk.

Dennis P. Mikko · Answer

No, unless you had something that could be considered a trap.  Typically, a trespasser cannot sue an owner for damages.

Arthur Aiken · Answer

In South Carolina, a landowner has liability to an injured trespasser only in unusual circumstances. You need an attorney to explore your issue more carefully.

John T. Wagener · Answer

A trespasser is one who enters the premises of another without permission or without express or implied invitation or one who goes beyond the scope of his invitation onto the premises. While a landowner or occupier does not owe a duty to a trespasser to see that the premises are safe for his use, (See Marcovitz v. Hergenrether, 302 Ill. 162, 167, 134 N.E. 85, 87-88 (1922); Smith v. Goldman, 53 Ill.App.3d 632, 368 N.E.2d 1052, 11 Ill.Dec. 444 (2d Dist.1977), a landowner or occupier owes a duty to trespassers to refrain from willful and wanton conduct. Bofman v. Material Serv. Corp., 125 Ill.App.3d 1053, 1064, 466 N.E.2d 1064, 1072-73, 82 Ill.Dec. 262, 270-71 (1st Dist.1984). If, however, a property owner knew or should have known that an artificial condition on his property presented a risk of death or serious bodily injury, and if the owner knew of or had reason to anticipate the presence of trespassers in dangerous proximity to the hazard, then the property owner had a duty to exercise ordinary care to warn of the condition. Lee v. Chi. Transit Auth., 152 Ill.2d 432, 605 N.E.2d 493, 178 Ill.Dec. 699 (1992), applying the Restatement (Second) of Torts  337.

Michael Lehner · Answer

As a general rule you have no duty to protect a trespasser. You should however inform your homeowner's insurer as soon as possible so they can deal with the claim.

William Chaffin · Answer

Possibly, but unlikely if you did nothing toward causing the injury.

Andrew Velonis · Answer

You could be, but it depends on many factors: How was it that the person got injured?  Was there some hazardous condition of your property? If so, was it natural, or man-made?  Did you know about it?  If not, was it something you would have known about had you gone and taken a look? If someone was injured on your property, report it to your insurance company.  They will investigate, evaluate liability and decide whether to pay the claim or put up a defense on your behalf.

Jeffrey Lapin · Answer

Assuming the trespasser is not a child, the general rule is that you are only liable to a trespasser if you either: (1) acted willfully or wantonly; or (2) you knew that the trespasser was on your property or should have that people constantly trespassed and you failed to warn of a hidden danger on your property that was not observable to the trespasser.  "Willful" means intentional and with actual knowledge that a danger existed and that injury was a likely result. "Wanton" means intentionally and with reckless disregard of its consequences.  As to the second theory of liability, each element must be met for you to be liable. The rules are slightly different, and your potential liability greater, if the trespasser was a child. You do not state that a child was involved so I will not discuss the differences for children.  You do not mention of the facts surrounding the trespasser's injury so I cannot answer whether you might be liable.  If you have insurance, you should also contact them as they would handle the claim for you. In addition, you may want to consult with an attorney to discuss your potential liability.

Kevin Habberfield · Answer

Most likely not. The duty owed to a trespasser by a landowner is the lowest that is recognized by the law. If you get a letter from an attorney just turn it over to your insurance carrier and let them handle it.  Good luck.

Howard Mishkind · Answer

Only if the trespasser was a child under a certain age and the Injury was caused by an unsafe condition that was not open and obvious.  Normally unless the injury is intentional to the trespasser  there is no duty and thus no liability for injury.

Mark Leonardo · Answer

It is not an automatic answer.  It depends on the nature and location of the hazard that lead to the injury.  If you have homeowner's insurance, turn it in to them and they will handle the matter for you.

Joseph John Ganz · Answer

In Washington the duty of a landowner to a trespasser is very low but it does exist. If you know of an inherently dangerous condition that a trespasser cannot appreciate or discover and you fail to warn of the danger or post no trespassing signs  you may be liable for injury to such a person. It really depends on the facts and circumstances.

James Osak · Answer

Generally NO.  Tresspassers take their chances when they tresspass upon another's property.

Irving Blank · Answer

It depends on what caused the injury.  You need to give more details.  You also need to report the event to your homeowners insurance carrier.

Thomas Bulman · Answer

Maybe.  You can't leave hidden dangerous conditions.

John Joseph Ratkowitz · Answer

It depends on the age of the trespasser. If the trespasser was a child, then it is more likely that you can be held responsible. If the trespasser was an adult, the answer is probably not.  If you want a precise summary of the law, click here for the Model Civil Jury Charge. Look at Charge 5.20F and the instructions relative to the duty owed to trespassers.  Good luck.  Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter.

Michael Heilmann · Answer

It depends on the nature of the defect (hidden or not). The duty to a trespasser is very low.

Ronald A. Steinberg · Answer

As long as you did not set a booby trap, you owe no responsibility to trespassers.

Linda Chalat · Answer

Most states have a premises liability statute, which provides the duty of care owed by a landowner. In Colorado, this statute is the Colorado Premises Liability statute, C.R.S. ?13-21-115. Under this statute, the duty of the landowner depends upon the status of the injured party: whether a trespasser (a person who enters unto the land of another without the landowner's consent), a licensee (a person who enters unto the land of another with the landowners consent but for the person's own convenience or purposes) or an invitee (a person who enters onto land of another to transact business in which both the landowner and the person have an interest).

Jon Buchholdt · Answer

That depends upon the circumstances, but, yes liability could attach if the trespasser was injured by an unsafe condition, for instance, a child trespassing into an unfenced swimming pool.

John Brennan · Answer

Perhaps, call your insurance carrier and if you have no insurance, an attorney.

Courtney Lockhart · Answer

It depends on the nature of your relationship with the person.

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Am I liable if a person trespasses on my property and get injured?

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