Can trespassers recover property-based injuries?

When a person enters onto the property of another without the property owner’s permission, they may be considered a trespasser. A trespasser is someone who elects to go where they are not invited and where there is no guarantee that their safety can be protected. In California trespassers may not be able to collect compensation for the injuries they suffer on other people’s land if they entered onto it without authorization.

Unlike invited guests and even some licensees, trespassers are not generally anticipated by property owners and therefore property owners cannot prepare their properties in advance of trespassing events to keep trespassers safe. If a property owner knows that there is a reasonable chance that others may enter their land without permission, they can take proactive steps to protect themselves from possible liability for the trespassers’ injuries by posting signs regarding trespassing and possible dangers that are on their property.

Children can be a special case in the realm of trespassing. Since children may not read warning signs or understand the dangers they could confront when they enter onto others’ land, property owners may have extra duties to protect kids from attractive nuisances and other possible dangers on their properties.

Getting hurt due to a danger or defect on another person’s property can be a painful and expensive event. However, if the injured party did not have permission to be where they were when they got hurt then their rights to recovery may be limited. Consultation with personal injury and premises liability attorneys is a good step for anyone who is unsure of how best to proceed with possible injury-based claims.

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