Trespassing is the act of entering an owner’s land or property without permission. This can result in criminal charges as well as injuries. Generally, a trespasser cannot take legal action if they are injured on another’s property, but in some cases, they can. Read on to learn more.

What if I Become Injured While Trespassing?

If you are trespassing, it can be easy to become injured, since you are somewhere you are not supposed to be. For this reason, trespassers cannot often recover compensation for any injuries that occur on another individual’s property. But, in some cases, you will be able to recover compensation.

What are the Exceptions to the General Rule?

A homeowner may be held responsible for a trespasser’s injuries in the event of:

• Discovered trespassers: The law assumes that a homeowner has no knowledge that someone will trespass and therefore does not need to take preventative measures. But, if the property owner is aware of a trespasser on their grounds, they are obligated to warn them of any hazardous conditions that are present. If you are aware of this and you do not put up any signs warning trespassers of hazards on your property, you can be considered negligent.
• Willful and wanton conduct: If you willfully partake in dangerous activities that could injure a trespasser or passerby, you can be held responsible for resulting injuries. For example, if you practice shooting in your backyard and you injure someone. It is important that you do not partake in negligent activities as you may be considered responsible for any injuries. Additionally, it is important to understand the use of deadly force in your state. Generally, you cannot use deadly force to protect your property. For example, you can defend yourself against a burglar breaking into your home, but not against someone simply walking through your backyard.
• Dangerous dogs: Some dogs can be extremely dangerous to people and other pets. If you have a dog that is considered dangerous and you fail to warn trespassers, you may be held responsible for a dog attack. In this case, you are aware of a potential danger and you do not warn others.

If you become injured while on another person’s property, contact our firm today to discuss.

Contact our experienced Arizona firm

The legal team at Weintraub & Weintraub has years of experience representing clients who have been injured in accidents due to the negligence of others as well as those who are facing charges of driving under the influence. Those injured due to another party’s negligence should never have to suffer alone. If you need strong legal representation, please do not hesitate to contact our firm today.