Trespassing occurs when an individual enters the property of another person without permission. This also includes a lack of express or implied permission to enter the premises. In California, accident victims can still file a claim against the property owner even if they were trespassing when they got injured. In order for a trespasser to file a successful personal injury claim, they will need to establish the property owner failed to take reasonable steps to address the hazard on their property.
How Does California Address Premises Liability for Trespassers?
At one point, California stated that a landlord or property owner was only responsible for the safety of visitors and workers on their property. For trespassers, common law once stated landowners were not liable if they were injured while entering the premises illegally. This is no longer true.
California was one of the first states to reject the application of common law to premises liability, as found in the California Supreme Court ruling of ROWLAND V. CHRISTIAN. The outcome of this case determined that dividing victims into the three categories of visitor, worker, or trespasser was not effective in determining liability. The California Supreme Court instead adopted the approach of treating injured victims the same, regardless of how they entered the premises.
With this ruling in effect, California courts must determine based on the following factors:
- The property location
- How likely a trespasser is to enter the property
- The likelihood of being injured
The court now determines if a property owner could have reasonably prevented a hazard, even for trespassers illegally entering the property. In this case, the property owner can potentially be held accountable for accidents that occur.
Premises Liability Defense Against Trespassers
There are certain defenses allowed to property owners if an intruder is injured on their properties. For example, if the trespasser is a burglar committing a dangerous crime. Property owners have the right to defend themselves. In many instances, homeowners have been relieved of liability due to the trespasser creating a potentially life-threatening situation for the property owner. However, the best defense is to prevent liability by maintaining a safe property for all visitors. The most common liabilities resulting in trespasser injury include:
- Attractive nuisance: property owners can be liable for an “attractive nuisance,” such as a swimming pool. Swimming pools are required to be enclosed by a locked fence and equipped with an alarm system due to minors frequently trespassing for a swim. Property owners are required to take these extra precautions to prevent access to the attractive nuisance on their property.
- Willful or Intentional Harm: Property owners can be liable for injuries suffered by trespassers if they intentionally harm them. For example, if the property owner designs a trap to hurt intruders, or uses excessive violence such as:
- High-voltage, electrical fences
- Toxic chemicals
- Weapons
- Physical violence
- Failing to warn of existing dangers: it is the responsibility of the property owner to anticipate dangerous conditions and provide posted warnings of safety hazards. If the danger is not open and obvious, then the homeowner can be liable. An example of this would be a deep hole on the property that the owner fails to cover, or post any warnings of.
- Dangerous dog: Property owners can be held liable for trespassers injured by a dog bite. The homeowner must have known or had reason to know the dog was dangerous and likely to cause harm. An example of this would be a dog with a history of aggressive behavior or had previously attacked someone.
Do You Need a Lawyer for a Trespasser Injured on Your Property?
Whether you were injured on someone’s property while trespassing or a trespasser was injured on your property, it is advisable to discuss your situation with an experienced personal injury attorney. If you were injured as a result of someone’s careless actions, or lack of care, you may be entitled to compensation for your losses. An attorney can protect your right to compensation, as well as recover the following damages:
- Medical costs
- Lost wages (if you have to miss work to recover)
- Retraining or re-education for job placement if you have suffered a disability from the accident
- Pain and suffering
- Loss of enjoyment of life
Most personal injury cases never make it to trial and are often settled outside of court. It is common for both the defendant and the plaintiff to reach an agreeable settlement to:
- Avoid the uncertainty of a trial
- Avoid more stress and save time
- Save on costs and attorney fees
- Protect their privacy
Contact a Premises Liability Lawyer in California
If you or a loved one has sustained injuries as a result of a premises liability accident, the skilled premises liability attorneys at Maison Law can help you recover full compensation for your damages. Navigating the legal complexities of premises liability can be a nightmare for you and your family, but it doesn’t have to be. Maison Law protects victims of premises liability accidents by negotiating fair settlements and fighting for their right to compensation. Contact Maison Law today for a free consultation and case evaluation. No upfront money is required for our counsel and we don’t get paid unless we win your case.
