Most people assume that if someone trespasses on their property and that trespasser is injured, then the property owner would not be at fault. However, there are cases when the owner would be found at fault via premises liability laws. Keep reading to get the facts and then contact Law Offices of Fernando D. Vargas at 909-982-0707 if you would like to request a free legal consultation.
Attractive Nuisances
One thing to be aware of is what is generally referred to as an “attractive nuisance.” It refers to something that will likely attract people and can therefore be a danger. The most common examples are pools and hot tubs. In fact, there are laws that require homeowners to install fences, gates, and other safety measures to prevent drowning accidents.
If the property owner does not have the required fences and other safety measures, then they could be found at fault for a drowning accident even if they did not invite the victim to their home. The homeowner could also be found at fault if they have the appropriate safety measures but do not use them correctly. For example, if they have a fence but have modified it so that the gate is always open, they could be found at fault for accidents in their pool or jacuzzi.
The Duty of Property Owners Owe to Various People on Their Property
Whether a homeowner or a business owner, a person who owns property owes different levels of care to various types of people. The property owner owes a full duty of care to anyone they give an implied or express invitation to, and any person who is licensed to be on the property. For example, if the property owner rents their property, then the tenant would be licensed to be on the property.
When it comes to trespassers, property owners are not responsible for keeping their land in a safe condition. They are not responsible for warning potential trespassers about potential hazards, as they would an invited or licensed person. However, they do owe a duty of care to not actively injure the trespasser.
For example, if a trespasser falls into a ditch on someone’s property, they are generally not able to recover damages from the property owner due to the fact that they were trespassing. However, if the property owner specifically dug the ditch to catch and injure trespassers, then they might be held accountable.
An Attorney Can Help You Determine Your Rights After Suffering an Injury
If you are injured on property owned by another person and are not sure if the owner is responsible, contact Law Offices of Fernando D. Vargas
at 909-982-0707 for a free legal consultation. We can help you find the best way to recover compensation for any damages you are entitled to.
