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Can I Sue for being Injured if I was Trespassing?


Can I Sue for being Injured if I was Trespassing sue liability lawyer compensation attorney

Property owners in California have a legal obligation to maintain safe and hygienic conditions on the premises. This is a requirement under the state’s premises liability laws, which state that all property owners and operators are “responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person…”

As someone that was harmed by a property owner’s failure to provide a reasonably safe environment, various elements must be established before you can file a lawsuit for compensation. One of these is proving that you had a legally valid reason to be on the property, which is clearly a problem when you are a trespasser.

In this article, we will explore the subject of whether a trespasser has any right to pursue a lawsuit against a negligent property owner. Please be aware that the information provided here is for general purposes only. We are happy to provide answers and insight on issues that are specific to your own case. Reach out to us at your earliest convenience and schedule a free case evaluation.

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What is a Trespasser?

Penal Code 602 provides a clear and detailed explanation of how a trespasser is defined under California law. Generally, this is an individual that enters someone else’s property without a legitimate reason, like an invitation from the owner. Alternatively, someone may need to be on the property to deliver the mail and make emergency repairs.

Those who are legally entitled to be on premises that are owned by someone else fall into one of two categories:

  • Invitees – people who are have implied or expressed permission from the owner to be on the property for the mutual benefit of both parties – typically for business reasons, i.e., a customer at a store or restaurant.
  • Licensees – people who are usually invited onto the property by the owner, like dinner guests or neighbors. Keep in mind this category can also include people who are entering a property for their own purpose or convenience, and not for the mutual benefit of themselves and the owner. Thus, individuals such as religious missionaries and door-to-door salespeople are also classified as licensees.

As you can see, a trespasser does not meet the definition for either a licensee or invitee. However, there is still a duty of care that is owed to a trespasser on the property, however minimal it may be.

Attractive Nuisance

This is term used to describe dangerous objects or conditions on a property that are attractive to children, like swimming pools and trampolines. Knowing that a child may want to play on these things, owners must take action to reduce the possibility of accidents, like putting up fencing around a pool or using a pool cover. Children can also be hurt by unsafe conditions that violate building or sanitation codes as a result of trying to access an attractive nuisance on the property.

Failure to Warn

A failure by property owners to warn people of known dangers on the property can make them liable in the event of an accident. Generally, we are talking about conditions that clearly pose a danger while not being obvious or out in the open. To prevent others from being injured, the owner can use warning signs and other safety measures around the hazard (hole in the ground, construction area, etc.).

Intent to Cause Harm

Certain actions by the owner concerning the maintenance of their property may constitute intentional or willful harm. To give an example, let’s say you encounter someone trespassing on your property. You have the right to demand that they leave and defend yourself if they pose a clear and present danger. However, you do not have the right to use excessive force, like hurting them with a weapon or putting them in a chokehold when the situation could have been resolved without such actions. Another example is extreme security measures like snare traps and fencing with high voltage wires, which can inflict excessive harm to others.

Attacked by Aggressive Dog

Most states, including California, operate under the system of strict liability for dog bites (or any animal attacks). However, those who are trespassing on a property when they were bitten by a dog generally lose the right to sue the owner, as it’s reasonable that they dog was trying to defend its territory, owner, or family by lashing out at an invader.

Exceptions have been made, however, if it’s clear that the dog has a history of aggression and inflicting harm on others. In that case, owners have a heightened degree of responsibility to protect others – including trespassers – from a dangerous dog they have chosen to keep. Thus, it’s possible for a dog owner to be sued for injuries caused by their pet, even if the other party is a trespasser.

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Filing a Compensation Claim – How Much Time Do I have?

In California, the deadline for a premises liability claim is 2 years of the when you sustained an injury caused by hazardous conditions on the property. Keep in mind, however, that certain details about your case may change how long you have for a lawsuit. Thus, you should contact a personal injury lawyer immediately to confirm the statute of limitations if you got hurt while trespassing on a residential or commercial property.

Contact Our Law Firm

As someone that was injured on a property owned by someone else, you may be entitled to medical expenses, lost income, and other monetary damages. But there’s no denying that your right to compensation is a complicated issue for those who you were trespassing at the time of the incident.

Our law firm has an experienced team of premises liability lawyers who are ready to advise you of your rights and legal options. We can confirm your eligibility for an injury claim and fight to secure the highest possible settlement on your behalf. In addition, we are prepared to represent you for $0 out of pocket, meaning we will take your case on contingency. That means we must win your case in order to receive payment. Otherwise, you pay $0 in legal fees under the terms of the Zero Fee Guarantee.

Contact DTLA Law Group to receive a free, private consultation with one of our legal experts.


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