As a property owner, you've likely heard of liability cases where trespassers have sued the owners for injuries they've acquired during their trespassing activities. Well, you may be shocked to learn that in some cases, property owners can be held responsible for a trespasser's injuries. How is this possible and what can you do to protect yourself from liability? Read on to learn more.
What is a Known Trespasser?
Known trespasser—while this may seem like an oxymoron, it is possible to know of a trespasser who frequently trespasses on your property.
The most common example of a known trespasser is a squatter. For example, if you own a vacant home and have noticed signs of a trespasser on multiple occasions, such as obvious forced entry or items left behind in your home, then it's safe to say that the squatter is a known trespasser. In such a situation, you don't need to actually know the trespasser on a personal level, but just be aware of their continued presence.
How Can You Be Held Liable for a Trespasser's Injury?
When someone breaks into a property that they know doesn't belong to them, how can you possibly be held responsible for injuries that occur to them? Well, in the case of known trespassers, it is entirely possible to be held liable for any injuries that happen to them on your property.
While the home mentioned above may be vacant for a reason, such as ongoing construction, if you know that trespassers may enter your property, you're still required to warn them of possible dangers, or keep those dangers from getting in the way. For example, say there's a loose floorboard at the top of the stairs inside the home. You know about the floorboard but have failed to put up a sign or otherwise minimize the problem. If a known trespasser trips on said floorboard and falls down the stairs, it's safe to say that you could be found liable for the injury.
How Can You Minimize Liability in the Event of a Known Trespasser?
As a property owner, it's common to fear liability when it comes to known trespassers. After all, what can you possibly do to minimize your liability in the event of a trespasser? Fortunately, there's a few steps you can take to discourage trespassers and keep liability claims at bay.
First, it's important that all entrances are equipped with locks. This is especially important for property that is vacant, as trespassers are more likely to attempt to break into abandoned homes or buildings. Second, if you know that trespassers are a problem for a particular piece of property, consider installing an alarm system to alert the local police to any break-ins and discourage future trespassing from occurring. Third, if you've tried and failed at minimizing the number of known trespassers in your property, be sure to place warning signs near trouble spots in your home so the trespasser cannot claim ignorance.
If a trespasser has been injured on your property, or if you'd just like to learn more about injury liability, consult with an accident and injury defense attorney today.
Share7 November 2016
When it comes to fighting in court, it isn't always easy to stay strong, stable, and secure in your convictions. Fortunately, by working with a great lawyer, things become much easier. About ten years ago now, I was accused of a crime that I didn't commit, and it was really heartbreaking. I started thinking about what to do, and a friend of mine suggested working with a great lawyer. It was incredible to see how much help the lawyer was, and within a few months, I was proven innocent. This blog is here to help people who might be fighting legal battles of their own.
