Home Premises LiabilityAre Trespassers Covered Under Premises Liability Laws?

Are Trespassers Covered Under Premises Liability Laws?

Feb 11, 2021
By: Richard Schwartz & Associates

Premises liability laws require property owners to identify and remove hazards on their premises as soon as possible. This must be done to protect legal tenants and visitors to the property. If property owners fail to do so, they may be held liable for any injuries that result from their negligence. But, do these laws cover injuries sustained by illegal trespassers?

Who’s Covered Under Premises Liability Laws?

Premises liability laws are meant to protect legal tenants and visitors to a property. These individuals may include:

  • Legal tenants of a housing complex (and their invited guests)
  • Customers at a business
  • Individuals hired to work on the property

If any of these individuals gets injured on a property with dangerous hazards, such as slippery floors, lax security, and more, they may sue the property owner for damages.

However, if a person who was illegally on the property (such as a trespasser) gets injured while on the premises, they typically cannot bring legal action against the property owner. This is because the person would not have been injured had they not violated the law by trespassing in the first place.

However, there are certain exceptions to this rule. Wandering children, for example, cannot be held to the same expectation as adults. Therefore, if a child wanders into an apartment complex, for instance, and falls into a pool that was unsecured, then the property owner may be held liable for their failure to prevent such foreseeable occurrences.

Premises liability laws are complicated and require the counsel of seasoned legal professionals. If you or someone you love has been harmed on another’s dangerous property, our Mississippi personal injury attorneys can help you seek justice.

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