As a property owner, you have a duty of care to keep your property reasonably safe for guests. But what if someone who is not invited to your property – a trespasser – is injured on your property? Can you be held legally responsible? Keep reading to get the facts. If you have suffered an injury on someone else’s property, contact The Law Offices of Larry H. Parker at 800-333-0000 for a free legal consultation to determine if you likely have legal options to take advantage of.
First and foremost, you should know that just because you did not explicitly invite someone to your property does not mean they are trespassing. For example, if you hire a lawn care person to mow your lawn and they bring an assistant, that assistant is under your duty of care even if you did not explicitly invite them. Unless you told the person you hired that they could not bring any other workers to your property, the invitation of their workers was implied when you hired the original worker.
Changes in California Law
It used to be that if a person was trespassing on your California property, the owner of that property had no duty of care to the trespasser. Today, a property owner must ensure their property is reasonably safe for anyone who enters their property – even if the person in question is not there legally. Whether the person was invited or not, the landowner can be found negligent for the injuries of the injured party.
The Legal Right to Defend Against a Trespasser
Another issue that can be relevant in these cases is the right of the property owner to defend their property. A person has the right to defend themselves against an intruder, and the courts have been clear that residential burglary is a dangerous crime. In fact, this crime can quickly become life-threatening, and so the property owner can defend their own property with reasonable force – and deadly force can be determined reasonable in many cases.
Damages a Person Can Sue for If They Are Injured on Your Property
If a person is injured due to the owner of property acting negligently, then the injured party can potentially sue for damages. They can sue for economic damages, such as medical bills, loss of income, and loss of earning capacity. They can also sue for non-economic damages such as pain and suffering.
Get a Free Legal Consultation from a Personal Injury Attorney
If you have been injured on someone’s property, then you should talk to a personal injury attorney to find out what your options are. You can contact The Law Offices of Larry H. Parker at 800-333-0000 to request a free legal consultation at your convenience.