Property owners’ duty of care for trespassers

| Mar 28, 2019 | Personal Injury |

Many people in Missouri own property and almost every day people enter onto property owned by others. This is usually done because the person is invited onto the property. This usually occurs when people go into stores to shop for various items or go to places for entertainment and recreation. When people go onto these properties, there is an expectation that they will be safe and the property owner will keep the property free of dangerous conditions.

This is more than just an expectation though. Property owners have a legal duty to keep the property free of dangerous conditions or at least have a duty to warn people that they are there so people who are invited can avoid them. However, not everyone that goes onto other’s properties are invited and are considered trespassers. Property owners do not have the same duty of care for trespassers. Subject to a couple exceptions generally property owners do not owe trespassers any duty of care.

This means in general if a trespasser is hurt on the property the owner is not liable for the injuries. However, if certain requirements are met, the property owner could be liable. These requirements are that the property owner was aware that there had been trespassers on the property repeatedly and in the same area on the property, the trespassers must injure themselves on an artificial condition that the property owner knew the trespasser would not see and failed to warn of the dangerous artificial condition.

Most of the time when people enter onto other’s property, they go into stores or other places get what they need and leave. However, some people are injured while they are on other property and can be severe. These people may be entitled to compensation for their injuries though. This can pay for medical bills and lost income as well, which can be very valuable as they recover from the injuries. Experienced attorneys understand the importance of this compensation and may be able to help one receive what they deserve.