How a Premises Liability Lawyer Determines Whether or Not You Can Submit a Claim

When filing a premises liability lawsuit, the following criteria must be met. 

• The defendant in the lawsuit must own or possess the premises, or land in the claim.
• The plaintiff must be a licensee, or invitee, or may even have trespassed on the property. Therefore, the proprietor is liable if someone is injured while on his or her property. It does not matter if the proprietor asked or did not ask the injured party to access their property. If he or she did not show a duty of care, it is possible to sue them.
• The premises liability lawyer must show negligence or that the proprietor breached his or her duty of care, which led to an injury.

Not Every Trespasser Can File a Claim

Not every trespasser can sue a property owner in a premises liability lawsuit, as trespassing is also illegal. In accordance with Penal Code 602 in California, trespassing is considered a misdemeanor. Moreover, if the trespasser removes any markings or boundaries that clearly show the property’s limits, they are clearly violating the no-trespassing law.

In these cases, the property owner is showing a duty of care to protect, not only their property but anyone who enters the land. In most cases, anyone breaking the law waives their right in receiving compensation. However, if the premises on which he or she trespasses is proven unsafe, or is not clearly marked, the trespasser, in some cases, may file a lawsuit.

For example, if a trespasser enters a land that does not show any signs that forbid trespassing or does not restrict access with barriers or fences, he or she may assert they entered the property by accident. 

While this type of situation probably will not happen in more congested areas, where fences and signs are often installed or posted, it may happen in more remote areas. Therefore, property owners should post signs and establish boundaries to prevent trespassing on lands that cover a large area. 

For example, if someone unknowingly trespasses on a property where no boundaries have been established or warnings posted, he or she may sue the property owner with the support of a premises liability lawyer. 

A property owner is obligated to keep people from harm–even if they trespass–so that they do not potentially get injured.

If a property is clearly marked with stakes and signs or fencing, or the property owner has given express directions to certain people not to enter the property, then a trespasser cannot sue for damages. However, you still need to consult with a premises liability attorney to make sure of your specific rights.

Hazards that May Lead to a Lawsuit

Whether you are invited or trespass on a property, the owner must provide a reasonable level of safety, which is known as a duty of care. If a danger on the property has not been clearly indicated and a trespasser gets hurt, he or she may be able to sue the owner. In these cases, unmarked hazards may include a pit, ravine, ditch, trench, or hidden debris.

Therefore, it’s not enough to mark the property’s boundaries, the owner must also warn anyone who enters the property of certain dangers, or fence off the hazards. Doing so will prevent issues with liability if a trespasser gets injured or unexpectedly hurt.

How the Law Defines Trespassers

Legally, two trespassers are defined under the premises liability law in California. A discovered trespasser is someone who accesses a property without the express or implied invitation of a property owner but whose presence is still known to the owner.

An undiscovered trespasser also enters a property without express or implied consent, but the property owner does not know of his or her presence. 

Again, whether a trespasser is undiscovered or discovered, the owner of the property still owes a duty of care. That is why it is imperative that property owners maintain their property so it is safe – even to trespassers.

The Attractive Nuisance Doctrine

In some cases, a property owner may be liable if children trespass on his or her property and are attracted to certain objects. Under the attractive nuisance doctrine, this may hold true if children, for example, are attracted to exploring items in a junkyard. If the junkyard is not properly maintained or fenced off, it can increase the child’s risk for injury.

According to the Legal Information Institute (LII) at the Cornell Law School, the attractive nuisance doctrine applies to children who are too young to understand the potential risks of objects which attract their attention, or to adults who get injured while trying to rescue a child from a property owner’s “attractive nuisance.”

Under the attractive nuisance doctrine, children are treated as invitees, not trespassers. So, a lawsuit may be filed when an attractive nuisance is present on a property.

Contact a Premises Liability Lawyer About Your Rights Today

If you have been hurt as a trespasser on a property or even if you’ve been invited and got injured, you should speak to a premises liability lawyer about your accident. Find out more about your rights. Contact Jance M. Weberman Law, a Professional Law Corp. at (213) 386-9100 now.

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