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Blogs 2019 July Can a Trespasser Sue if They are Injured on a Property?
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Can a Trespasser Sue if They are Injured on a Property?

Posted By Law Office of James M. Stanley || 23-Jul-2019

People who own a home or commercial property have a responsibility to safely maintain that property for their guests. The failure to do this can result in severe injuries, and if a victim decides to sue, the property owner may have to pay damages.

What if someone isn’t a guest and is injured because of a property owner’s negligence? Can a person who is trespassing successfully recover compensation for their suffering?

In general, no — an individual who is breaking the law by trespassing waives their right to sue for injury damages by doing so. However, there are some exceptions that allow certain trespassers to collect compensation if they are injured on an unsafe premises.

Intentional Harm

In many premises liability cases, property owners are responsible for their negligence, but they don’t usually intend to harm anyone. A liable owner may have been aware in some capacity that their forgetfulness or oversight could potentially cause harm, but do not wish for anyone to get hurt. However, if a trespasser can prove that the property owner intended to harm them, they may be able to sue. This possibility may depend on trespassing laws in the state.

Children who “Trespass”

The inability to sue in cases of trespassing does not apply if the trespasser is a child. Known as the “attractive nuisance doctrine,” this exception to the rule protects minors who are injured on an unsafe property. The doctrine is based on the expectation that children can easily wander into unsafe situations, regardless of adequate warnings. When a child wanders onto a property, it is not considered the same as an adult trespassing. Property owners who do not safely maintain their home or business and cause harm to a child can be liable.

The attorneys at the Law Office of James M. Stanley protect injury victims who suffered because of a property owner’s negligence. Contact us to discuss the details of your case.

Call (817) 591-4222 or use our contact form to speak with our lawyers during a no-cost case evaluation.
Categories: Premises Liability

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The following is a sampling of some of the many cases we have had the privilege to handle on behalf of our clients. Each case is unique and must be evaluated on its own merits. Past results do not predict future results.​​

  • Catastrophic High Pressure Water Injury Resulting in Ruptured Colon, Infections, Multiple Surgeries Required

    NET TO CLIENT $3,069,546.66

  • Catastrophic Brain Injury/Motor Vehicle Accident

    NET TO CLIENT $3,018,051.78

  • Electrocution involving Defective Product

    NET TO CLIENT $2,491,510.87

  • Wrongful Death caused by Employer Negligence

    NET TO CLIENT $1,119,736.98

  • Grandmother seriously injured when rear-ended by 18-wheeler oil

    NET TO CLIENT $977,516.95

  • Wrongful Death due to Employer Negligence

    NET TO CLIENT $852,773.73

  • Wrongful Death caused by Employer Negligence.

    NET TO CLIENT $841,000.00

  • Catastrophic Injury caused by Defective Product.

    NET TO CLIENT $714,000.00

  • Wrongful Death caused by Employer Negligence

    NET TO CLIENT $728,664.19

  • Serious injury caused by 18-Wheeler blocking road

    NET TO CLIENT $584,309.41

  • Wrongful Death caused by Medical Malpractice.

    NET TO CLIENT $443,360.00

  • Wrongful Death and Survival Action

    NET TO CLIENT $461,423.23

  • Wrongful Death of a Fetus and Serious Personal Injury

    NET TO CLIENT $584,062.75

  • Wrongful Deaths

    NET TO CLIENT $532,211.06

  • Wrongful Death of a child

    NET TO CLIENT $499,266.40

  • Serious injuries to driver of 18-wheeler

    NET TO CLIENT $465,230.35

  • Wrongful Death caused by Medical Malpractice.

    NET TO CLIENT $359,520.00

  • Wrongful Death of a Child

    NET TO CLIENT $303,070.11

  • Wrongful Death of a Child

    NET TO CLIENT $380,345.57

  • Wrongful Death caused by physician negligence

    NET TO CLIENT$345,526.90

  • Serious Personal Injury

    NET TO CLIENT $352,813.23

  • Wrongful Death of a Child

    NET TO CLIENT $320,706.81

  • Medical negligence by hospital

    NET TO CLIENT $284,156.68

  • Wrongful Death Alcohol-Related Accident

    NET TO CLIENT $341,061.50


*The amounts reflected are the actual dollar amounts received by clients after deduction of attorney’s fees and expenses.
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