Is a homeowner liable for injuries while trespassing?

On Behalf of | Oct 8, 2021 | Personal Injury |

If someone is trespassing on another person’s property, even accidentally, you may assume that the homeowner would not be liable for any injuries they suffered on that property. After all, they weren’t supposed to be there in the first place, so it doesn’t seem like the homeowner’s fault that they got hurt. 

However, this does not apply in all cases. Let’s look at a few examples of when a homeowner may be liable, even if they never gave the other party permission to come on their property. 

If they have an attractive nuisance 

First off, consider the attractive nuisance doctrine. It generally applies to children. If a homeowner has something on their property that is potentially dangerous that may attract children, they have to understand the risk and take steps to keep those kids safe. A great example is a pool. If a homeowner doesn’t have a fence, they may be liable if a young child — who doesn’t understand the idea of trespassing in the first place — falls into the pool. 

If they set something up intentionally to cause injury 

Likewise, homeowners generally cannot set anything up that is intended to hurt another person, such as a booby trap. Intentionally creating dangerous conditions can mean that they are liable when someone is hurt. After all, there is no way for them to be sure who will be injured. It’s illegal to set traps, even when intending to keep out thieves or burglars. 

Have you been injured?

If you have been injured on someone else’s property, they may be liable no matter how it happened. Be sure you know how to seek out compensation