Are Landowners Liable for Injuries to Trespassers?

The idea of being sued by someone who was trespassing on your property may be utterly absurd, but it can and does happen. While landowners are usually only obligated to maintain their premises for invitees and licensees, there are scenarios in which trespassers have grounds to seek damages.

For example, if you set up “booby traps” around the property, you could be liable for any injuries that result—even if they’re sustained by individuals who didn’t have the right to be on the premises in the first place. Perhaps more common, though, are injuries arising from attractive nuisances.

An attractive nuisance is a potentially hazardous object or feature that’s likely to draw children onto the property without permission. Examples include swimming pools, koi ponds, trampolines, tree houses, farming equipment, junked vehicles, and open pits.

If your child was hurt while trespassing on someone else’s property because of an attractive nuisance, here’s what you should know about building a strong personal injury claim:

The Property Owner Must Have Been Aware of the Attractive Nuisance

In order to have grounds for an attractive nuisance claim, the following must be true:

• The landowner knew or should have known that the potentially hazardous condition existed;
• The landowner knew children would be inclined to trespass on the property where the condition existed;
• The landowner knew the condition posed the risk of injury and/or death; and
• The landowner failed to take reasonable steps to mitigate the risk of serious bodily harm.

The Victim Must Have Been Too Young to Understand the Dangers

Even if you can prove all of the above, there’s another element that will be considered when determining whether your case has merit. You must be able to prove that your child was too young at the time of the accident to understand the dangers associated with playing on or near the attractive nuisance.

If a group of teenagers hops a fence to go swimming in a neighbor’s pool and one gets hurt in the process, a judge is unlikely to hold the property owner liable. The teens should have known that scaling the fence and diving in unattended was risky.

If, on the other hand, a young child gets stuck in an old refrigerator that was left at the curb for removal, his or her family might have grounds for a personal injury claim. The child couldn’t have known the refrigerator would be impossible to open from the inside, while the owner should have taken reasonable measures to prevent neighborhood kids from playing in it.

Discuss Your Case with a Premises Liability Attorney in St. Cloud

If your child sustained serious injuries because of a negligent property owner, contact Bradshaw & Bryant. Our seasoned team of attorneys is composed of tough, smart, and experienced litigators who have a strong reputation in the community and in the legal field. Call 320-259-5414 or fill out our Contact Form to schedule a free case evaluation with a premises liability lawyer in St. Cloud.