Having trespassers on your property can be scary and annoying, but it is something that may be hard to prevent. The problem with this is that a trespasser is a person that was not invited on your property, but he or she chose to set foot there anyhow. If this person is injured while on your property, do you realize that he or she may have the right to sue you? As crazy as it sounds, there are times when a trespasser could actually win the case too.
What type of law does this fall under?
Normally, this type of issue falls into premises liability law, but a case like this could be handled by a real estate attorney or a personal injury attorney. Premises liability law involves accidents that occur to people on property that is not their own. This not only includes times when people trespass on property, but it can also include injuries that occur:
- Inside businesses
- Outside at public places or on public sidewalks
- At homes
Anytime an injury occurs, there is a chance that the person will sue the property owner for damages. For the person to win the case, it generally requires proving that the property owner was negligent, or somehow at-fault for the injury.
How can a trespasser win a case like this?
You would think that if a person sets foot on private property, he or she would not have any rights; however, this is not true. If someone comes on your property and you shoot them, the person could file a lawsuit against you and win. Every state has different rules about this, but in most cases, you must prove that you shot the gun in self-defense. If you cannot prove this, there is a chance you will lose the case.
Another thing you should realize is that if a trespasser is injured on your property because of his or her own fault, the person may not be able to sue you. On the other hand, if you set up some type of trap on your property that causes injury to the person, you could end up with a lawsuit against you because this is against the law.
If you are having recurring problems with trespassers, you may want to seek advice from a lawyer to find out how to legally put a stop to this. Getting legal advice is the best thing you can do to protect yourself, and you can do this by talking to a real estate lawyer or a personal injury attorney at places like Madigan & Scott Inc.