Can the property’s owner be liable for a trespasser’s injury?

On Behalf of | May 30, 2024 | Premises Liability

If you got into an accident and sustained an injury on someone else’s property, your state’s premises liability laws may apply, helping you determine who can be liable. The rules over these incidents can vary from state to state, factoring in various details, such as why you visited the property and the events leading to the accident. But what happens if the owner didn’t know you were on the premises? The owner can have different levels of responsibility for people on their property, but you may be a trespasser if they did not consent to you entering the premises.

Protections for trespassers

Georgia law provides little protection for trespassers. In most cases, the property owner can owe no duty of care to people who entered the area without their permission. However, some laws could come into play if the owner deliberately caused the injury.

If the owner placed dangerous and concealed items on the property, they could be liable. These conditions may include installing hidden traps or ropes set to trip other people. Additionally, the presence of attractive nuisances within the premises can also impact the owner’s level of responsibility if the victim is a child drawn by a structure or feature of the property, such as a trampoline, pool or swing set.

Understanding what premises liability laws apply

Navigating premises liability injury cases can be challenging, especially if you were a trespasser when you got injured. In this scenario, your protections can be limited based on the situation. To fully understand what laws may apply, you should seek legal guidance. By doing so, you could accurately determine if you can pursue compensation or vet legal options that might be viable considering the circumstances.