Trespassing Exceptions in Premises Liability

Trespassing Related Slip & Fall Layers in KY, IN & OH

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The injury lawyers at Isaacs & Isaacs have been helping folks in Kentucky, Ohio and Indiana for decades. We understand that there’s always exceptions to the rules. If you or somebody you love was injured while on somebody’s property without permission, you may still be able to recover compensation. Call us at 800-800-8888, or fill out our online form to speak with an experienced injury liability lawyer. We’re here for you now.

When Do I Need a Premises Liability Lawyer

You know you aren’t supposed to walk across Mr. Grumpy’s land. But cutting across his property is so much shorter than going around his land to get to your friend’s house. You have done it many times. If he sees you, he yells and threatens, but he doesn’t see you much so you usually get across his lot. No problem.

You climb over his back fence, then take an old path through the woods at the back of his place. Only this time, about halfway down the path, when you take a step the ground gives way, and your leg sinks into a narrow hole about two feet deep. There’s no way you could have seen the pit because it was covered with straw and dead leaves. Your leg looks funny, and you cannot stand up. Later you discover your shin is broken.

Tresspassing Lawyer

Filing a Premises Liability Complaint

In most cases, a landowner has no duty to keep trespassers safe from harm when they enter the property. But the law does not allow a property owner to engage in willful and wanton conduct such as setting dangerous traps to hurt people. In your case, you are only eleven years old, so the property owner is more than likely liable for your injury whether or not he set a trap for you.

The law is complicated, and the rules are different depending on which state you live in. If you believe the property owner is at fault for your injury, you should contact an injury lawyer who is experienced in premises liability claims immediately.

Trespassing Children and the Attractive Nuisance Exception

The law usually makes an exception for trespassing children who are injured on somebody’s property if the cause of their injury is a condition which a child of tender years might not think is dangerous. In the above example, it seems like the property owner dug a pit for the child right in the middle of the path. An attorney would investigate immediately to establish whether the hole was dug with a shovel or by an animal.

But the path itself could be considered an attractive nuisance because it would be irresistible to a child to play in the woods or to take the shortcut. Also, if the landowner knows the child sometimes does use the path, there would be a duty to keep the path safe or take additional precautions to keep the child out of the area.

Premises Liability Lawyers Will Protect Your Rights

Unless you were threatening a landowner’s life, there is no legal standing for somebody to hurt you while you are on their property. The landowner can call the police and have you arrested but cannot lay a trap or hurt you physically unless you pose a threat of imminent harm. Especially where young children are involved, people don’t want the law to allow vigilantes to handle things in a violent way when they get into a dispute.

If you or somebody you love have been injured while trespassing, you may be able to recover compensation for your injuries and pain. Isaacs & Isaacs personal injury lawyers are ready to answer your questions now. Call 800-800-8888 for a free consultation with an experienced premises liability lawyer, or fill out our online form or to speak with an experienced personal injury lawyer.

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