This may come as a surprise, but a trespasser can sue a property owner if he or she sustains injuries on the property. This is possible in many situations.
Certain aspects of the law may seem unbelievable, and this particular rule is no exception.
Nevertheless, whether or not we agree with certain aspects of the law, we must abide by them lawfully.
Many of the nuances, in relation to liability to trespassers, exceptions for trespassers discovered on property, and exceptions for wanton and willful conduct, should be followed.Liability of Property Owners for Injuries of Trespassers
Generally, property owners aren’t liable for sustained injuries of trespassers. However, there are exceptions to this particular rule.
In any lawsuit by a trespasser, however, against the owner of a property, the court of law will basically dictate property owners aren’t liable for injuries sustained to trespassers. They need to prove why they’re in the right.
According to the general rule, trespassers shouldn’t necessarily be punished.
The rule, rather, recognizes that owners of property cannot expect to anticipate the comings and goings of trespassers.
The argument, therefore, follows that owners of property are not in position to warn trespassers about hazards of safety.
As for exceptions for discovered trespassers, when individuals trespass regularly, owners of property may expect the trespassing to continue. The rationale of the general rule, in this type of situation, becomes nullified.
The property owner can expect that hazardous conditions could raise safety dangers to individuals on the property.
Many states, therefore, require owners of property to warn these trespassers of hazardous conditions.
Willful and wanton conduct exceptions do exist. If you do post signs which warn of hazards, you cannot engage in skeet shooting and conduct target practice with automatic weapons at free will.
Owners of property in most states must refrain from willful and wanton conduct engagement which can harm trespassers.
For example, in his home, a man sets up a spring gun to prevent thefts. A wire attached to the gun trigger becomes tripped the next time thieves break in, and they are shot.
The owner of the home will likely be liable for injuries sustained by any trespasser. Lethal force can never be used to safeguard property.
Regarding this type of conduct, another example would be if an owner of property were to construct a deep trench, and place brush over it so a trespasser would end up in the trench.
Most likely, the owner of the property would be liable for injuries sustained by the trespasser because an owner of any property cannot take affirmative measures to endanger trespassers.
Property owners, however, may normally use lethal force to safeguard themselves or loved ones.
If an armed burglar, for example, in the middle of the night breaks into a home, a home resident may be entitled to shoot that burglar, if the home resident feels his or her life has been threatened.