People sometimes assume that you cannot seek compensation for an injury that you suffered if you were trespassing. You may have been on private property. However, that property owner will counter that you had no right to be there in the first place, so they say that they’re not liable for anything that happened to you.
This certainly can be true in some situations, but it’s important to remember that it is not always true. Below are two ways in which trespassers may be able to seek compensation if they were hurt on someone else’s property.
The attractive nuisance doctrine
First and foremost, the attractive nuisance doctrine states that homeowners have to take reasonable precautions to protect children from attractive nuisances on their property. One example would be a swimming pool in someone’s backyard. A child may not have permission to enter the property, so they would technically be trespassing, but they do not know the nuance of the law and they may not understand the danger that they’re facing. A homeowner can still be found negligent, such as in a case where the pool was not fenced in.
The injuries were inflicted intentionally
Another thing that homeowners and business owners need to keep in mind is that setting traps intended to injure trespassers is also illegal. Doing so could leave that property owner liable for the injuries that the trap caused. This is still true even if the person in question was trespassing and should not have entered the property.
As you can see, personal injury cases are not always as cut and dry as people assume. It’s important to understand all the legal options at your disposal.
