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Castle Law Office

Q
Can a Trespasser File a Premises Liability Claim?

A

A key factor for determining premises liability is the legal status of the person who was injured — whether they were an invitee who was invited onto the property for commercial or business reasons, a social guest who was invited onto the property for any reason other than business, or a trespasser.

A trespasser is someone who goes on the premises of another person’s property without an invitation to do so, for their own purposes and not to perform a job for the owner.

If an owner was not aware of the trespasser, they typically don't have a duty to warn the trespasser of any dangers or make their premises safe for the trespasser. If the owner was aware of the trespasser, the owner may be required to exercise ordinary care in relation to the safety of a trespasser. In other words, their only duty of care to the trespasser would be to refrain from willfully or wantonly injuring them.

Although a trespasser could file a claim, in most situations, they likely wouldn't be compensated. One exception might be in the case of an attractive nuisance.

If someone trespassed on your property and was subsequently injured, you should seek immediate legal advice to ensure that you are protected.

Call us today at 816-842-7100 to speak with an attorney that will fight to get you the compensation you deserve. Or you can click here to email us and schedule your free consultation. 

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