"No trespassing" sign posted to a tree.

Can a Property Owner be Responsible for a Trespasser’s Injury?

Who’s Liable for Injury on Property?

It might sound logical that if someone is trespassing, the property owner is not responsible for the injuries they sustain. However, under certain circumstances, a property owner could be held liable. Here’s what you need to know.

The General Principles for Property Owners

In general, property owners are not responsible for a trespasser’s injury. However, if a trespasser brings a lawsuit against a property owner for their injury, the trespasser must prove why their case is unique and the reasons they are entitled to compensation.

Exceptions to the Rule

If a property owner discovers trespassers are using their property regularly, the property owner could be held liable if he or she does not warn trespassers of the dangers after the findings. For example, the property owner uses the land for hunting and learns that people pass through the property as a shortcut to get to a local park. In this case, the property owner must either stop hunting activities or post signs stating the dangers of being on the property. This also means that the property owners must not engage in willful or wanton conduct on their property, which could harm or cause injuries to trespassers.

Dogs with Dangerous Propensities

If a homeowner has a dog that exhibits dangerous behaviors, homeowners can be held liable for an injury caused by their dog to a trespasser, whether or not reasonable care was exercised. Dangerous propensity means the dog has characteristics that indicate that the animal is a threat and can harm a human being.

Injured on Someone’s Property? Learn Your Rights

Sustaining an injury, for any reason, can be a daunting experience. Not only can a severe injury be life-altering, but it can also have an impact on your loved ones. If you’ve been injured on someone’s property, we are here to protect your rights.

We know all the tactics insurance companies use to dole out low settlements and deny claims outright. We advocate for the injured and will help you through every step. From recovering medical costs and lost income to property damage and more, we’ll be in your corner fighting for the compensation you deserve.

We are here for you. Our phones are answered 24 hours a day. Contact Gatti, Keltner, Bienvenu & Montesi, PLC today at (901) 526-2126.

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