Can I Sue a Property Owner for Injuries if I was Trespassing?

California laws require all property owners to inspect and maintain their premises on a regular basis and resolve conditions that have the potential to cause harm to others. According to California Civil Code 1714(a), owners of residential and commercial properties are “responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person…”

When you are hurt from negligent conditions on someone’s property, you have the right to seek compensation in the form of medical expenses, lost income, and other damages. However, you are required to prove certain elements, which include showing that you had a legitimate reason to be on the premises. So, that’s the main issue at hand when we are talking about a trespasser’s right to pursue a lawsuit against the property owner.

This article will offer insight into a trespasser’s right to monetary damages in the event that an owner failed to exercise reasonable care in the maintenance of their property. But we can only provide general information throughout this article, so you will need to speak with one of our attorneys if you have questions about your rights and legal options.

How is Trespassing Defined under California Law?

The legal definition of a trespasser is outlined in California’s Penal Code 602. For the sake of simplicity, we would say that a trespasser is someone that is on private property without a good reason, like being invited by the owner. Others may not be explicitly invited, but they need to be on the premises for a legitimate reason, like dropping off a package.

If you legally on someone else’s property, you would be defined as an invitee or a license. Invitees are generally on a property for business purposes, like a customer coming into to buy something or pick up an order. In essence, their visit results in mutual benefits for both parties. On the other hand, a licensee is either 1) on the property at the invitation of the owner (dinner guests, for example) or 2) on a property for their own convenience or purpose, like door-to-door sales people.

A trespasser does not meet the requirements for either of these categories, which is why they are normally excluded from a claim for injuries or property damage. However, there are exceptions where a trespasser may be allowed to file a personal injury lawsuit.

Failure to Warn 

Owners must warn people of dangers on the property that are not clearly visible / obvious. This can be done through warning signs and other methods that announce the presence of a dangerous condition. So, if you got hurt due to a hazard that would not have been noticed by the average person, like a hole in the ground in a dimly lit area, you may have grounds to seek compensation from the property owner or operator.

Intent to Cause Harm

Property owners have the right to protect themselves and their property from intruders. However, there are certain measures that may be viewed as intent to cause harm to others. This includes using weapons when such violent measures were not necessary, and putting up barbed wire and high voltage wire fences in a manner that violates local ordinances.

Attractive Nuisance

This applies specifically to children that trespass onto private property because of a trampoline, swimming pool, or another attractive nuisance. Since it’s known that children may sneak in to enjoy these things, owners should take precautions to keep them out, or avoid dangerous conditions in, or, or around these objects.

Attacked by Aggressive Dog

Ordinarily, the responsibility for bites and other injuries caused by a pet falls on the owner under the principle of strict liability. But trespassers are generally excluded from the laws that hold owners liable if they are attacked by a dog or any other animal that belongs to the property owner.

One exception applies to dogs that have a known history of aggression, meaning there were previous bite incidents or other attacks where someone was injured. A trespasser who is attacked by such an animal may have the right to sue the owner for the cost of medical treatments and other damages.

Statute of Limitations to File a Premises Liability Claim

The time limit for a liability claim against a negligent property owner is 2 years in the state of California. With very few exceptions, you must file an injury claim within 2 years of the accident date. If you fail to meet this deadline, the courts are unlikely to let you proceed with a lawsuit. With that in mind, please be sure to contact us as soon as possible and talk to a member of our legal team.

Contact Kenmore Law Group

The right to compensation is obvious when you are lawfully on someone’s property, but as a trespasser, the issue is much more complicated. Guidance from an experienced personal injury attorney is critical in these situations, along with skilled and aggressive representation on an accident claim.

Along with a free case review, we are happy to handle your case from start to finish with no upfront payment. With the Zero Fee Guarantee, all legal fees are recovered from your settlement check, so we have to win your case in order to receive payment. If we fail to do so, you walk away without paying us a single cent.

We look forward to speaking with you, so please reach out to us 24 hours a day, 7 days a week.