{"id":369166,"date":"2016-04-04T10:47:16","date_gmt":"2016-04-04T15:47:16","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/realestate\/land-use-laws\/homeowner-liability-for-trespasser-injuries.html"},"modified":"2024-03-29T14:05:49","modified_gmt":"2024-03-29T19:05:49","slug":"homeowner-liability-for-trespasser-injuries","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/realestate\/land-use-laws\/homeowner-liability-for-trespasser-injuries.html","title":{"rendered":"Homeowner Liability for Trespasser Injuries"},"content":{"rendered":"\n
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Homeowner Liability for Trespasser Injuries<\/h1>\n
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\n By Robert Rafii, Esq.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

It’s late at night, and a robber is staking out your property for a heist. You’re in bed early and the car is in the garage, perhaps giving the impression that no one’s home. The would-be robber creeps toward the back door, stepping onto the tarp covering a deep hole you were digging for your new hot tub. He falls and breaks his leg.<\/p>\r\n

You didn’t mark the area or provide lighting, but you also didn’t expect someone to be creeping around your yard late at night. Are you liable for this undiscovered trespasser\u2019s serious injuries?<\/p>\r\n

In this particular premises liability<\/a> claim, probably not. It might be a different story if you maintained an unsafe property on purpose to trap known trespassers. Homeowners may be held liable for discovered trespassers’<\/a> injuries on private property.<\/p>\r\n

Premises liability laws vary between states (jurisdictions). Read on to learn more about trespassers, injuries, and your property.<\/p>\r\n

What Is a Trespasser? When Are You Liable for Their Injuries on Your Property?<\/b><\/h2>\r\n

Unlike a social guest, a trespasser is someone who is not authorized to be on private property. Landowners are not obligated to protect trespassers who enter their property without permission, but they can’t willfully injure them either.<\/p>\r\n

If a landowner knows, or should know, that there are frequent trespassers on their property, they may be liable for any injuries<\/a> caused by an unsafe condition on the property if:<\/p>\r\n