A Trespasser Was Injured on My Property—Am I Liable?
Premises liability law has evolved significantly in California over the years, changing homeowners’ obligations to others and making it difficult for injured people to know exactly what their rights are. At DeWitt Algorri & Algorri, our extensive track record of successful premises liability cases has given us unique insight into these issues. In one case involving confidential parties, our client suffered severe injuries when visiting a friend that owned chimpanzees. In another, a renter’s foot was crushed by a tree branch that fell at her rental home. In both cases, we secured recoveries far in excess of what the insurance carriers were initially offering.
Keep reading to learn more about what obligations—if any—a property owner has to trespassers. If you’ve been injured while visiting a friend or local business, don’t wait to start your premises liability claim. Our team of Southern California attorneys is ready to fight aggressively on your behalf. Call DeWitt Algorri & Algorri at 855-WINNING (946-6464) to get started.
How California Law Views Visitors
One of the main changes in premises liability law relates to how California courts view visitors to a home or business. In the past, the law was based on whether or not the property owner could foresee that the visitor would be there. For examples, invitees—those who are there at the owner’s request and for the owner’s benefit—are to be expected and would be owed the greatest duty of care. Owners had slightly less responsibility to licensees, and essentially no obligation to protect trespassers.
That all changed in 1968 when the California Supreme Court ruled that property owners are obligated to keep their property free of hazards that could cause injury or death. If a property owner fails to do so and someone becomes injured, the victim would be able to bring a lawsuit against them. This eliminates the special classes of invitees, licensees, and trespassers.
What Happens If a Trespasser is Injured?
Where does that leave trespassers? The law does not have any special exception for trespassers. Trespassers still have a right to their safety and health, even if they are on someone else’s property without permission.
Property owners are also expected to avoid causing intentional harm to trespassers. Yes, that means that reenacting “Home Alone” isn’t exactly recommended.
Attractive Nuisance Laws
One topic that comes up again and again in general legal discussions is attractive nuisance laws. An attractive nuisance is something that is likely to appeal to children and draw them to your property. Laws regarding attractive nuisances generally exist to protect child trespassers who, unlike adult trespassers, are unlikely to know that what they are doing is wrong. Homeowners with swimming pools, ponds, trampolines, and other items that are likely to be a temptation to children could be liable for injuries caused to children under attractive nuisance laws.
That law is no longer applicable or used in premises liability claims. This was decided in 1970 in the case of Beard v. Atchison. California property owners have no special obligations regarding attractions that would likely catch a child’s attention. They simply have to keep their property in reasonably safe condition for all visitors, whether invited or not. Furthermore, they are expected to warn visitors of unsafe conditions.
This complicates premises liability cases, as courts must decide if a homeowner took reasonable steps to protect visitors. They may ask if the obstacle was obvious, why the visitor was on the property, if the hazard was fenced off or otherwise difficult to access, and if anyone had been injured on the property before.
What does this mean for those who are injured on someone else’s property? You need to talk to a premises liability attorney in Southern California immediately. A wide range of factors determine the outcomes of these claims, and an experienced attorney should be your next stop.
The team at DeWitt Algorri & Algorri has decades of experience with premises liability claim and they are here to advocate for you during this challenging time. We know the law and how to use it to help you. Don’t wait any longer to get the legal assistance you deserve. Reach out to us online or call us at 855-WINNING (946-6464).
Mark Algorri has successfully represented individuals and their families in matters involving serious and catastrophic injuries, insurance claims denials, and wrongful deaths, achieving a success rate of 99 percent for our clients.
