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Who is liable for a trespasser’s injury?

On Behalf of | Jun 27, 2024 | Injuries |

Property owners are usually responsible for their visitors and their safety. Whether inviting guests for a friendly visit or conducting business, they have a specific duty of care to these people. Still, an owner’s accountability for injuries can vary based on the situation, including scenarios where the injured party is a trespasser.

Determining who is liable

Having consent to enter the property is vital when determining who is liable for someone’s injury. If a person trespasses, the property’s owner is typically not liable for any injuries in case of an accident. The rules can vary according to state law and whether the owner intentionally made the premises dangerous.

Despite having clear premises liability policies, Georgia law can allow exceptions, which can apply depending on the circumstances. If the owner deliberately or negligently made the property unsafe, they could owe a duty of care to trespassers even if they had no permission to be there. Additionally, the owner could be liable if an attractive nuisance exists within the property.

It can include various recreational structures or home features that draw attention from kids wandering into the area. Still, there is no guaranteed way to determine liability unless an investigation takes place to verify the facts surrounding the incident.

Fully understanding what happened

Sustaining an injury while on someone else’s property can seem like a straightforward scenario, but it can quickly become complicated. Specific details can impact who is liable, such as the purpose of the visit or whether the owner allowed entry. When addressing these premises liability issues, seeking legal counsel can be beneficial. Experienced insight can help determine liability and appropriate options to seek compensation for the injury based on the circumstances.


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