When a property owner faces accusations of negligence that caused injury, their counter may be that the individual who was injured was a trespasser. They were never invited to the property, and they shouldn’t have been there in the first place. They wouldn’t have been injured if they had just paid attention to the “No Trespassing” or “Private Property” signs.
This can be a viable defense in some cases, but it’s also important to point out that it doesn’t always work. In some situations, property owners can still be held responsible for financial compensation when trespassers are injured. Let’s look at two examples.
Intentional injuries
To start with, setting booby traps designed intentionally to injure someone is illegal. Property owners are sometimes tempted to do this to protect their property if they’re worried about someone entering without permission. But if a store owner sets up traps that injure a person who breaks in to steal from that store, the store owner may still be responsible for the injuries—and may have violated the law by setting up the booby traps in the first place. They could also be liable if someone else is inadvertently injured, which is why booby traps are illegal.
Attractive nuisance
Next, an attractive nuisance is something that is both dangerous and alluring to children, such as a backyard pool. If a property owner has an attractive nuisance, they may be responsible for injuries to children, even if those children trespass on the property. After all, the children don’t understand the danger, the property lines or the warning signs that may have been put up. Homeowners often have to put up a fence with a gate and take other concrete steps to prevent injuries.
Those who have been injured need to know exactly what legal options they have to seek financial compensation.