Injured While Trespassing? 5 Reasons You Might Still Have a Case in California
Individuals may be able to pursue a personal injury claim when suffering injuries from trespassing on private property. Although trespassing can make the claims process more complicated, it also does not prevent injured individuals from seeking compensation for the harm caused. Premise liability laws in California require a property owner to take reasonable safety precautions to ensure others do not get injured while being on their property. If a property owner is aware of an unsafe condition and does not warn others, they may be held partially liable for the injuries caused. Speaking to an attorney can help victims understand their rights in seeking a personal injury claim, even when trespassing may be involved.
1. The Property Owner Intentionally Caused Harm
Property owners can still be accountable for causing injuries even during cases of trespassing. Property owners who set up traps to intentionally harm intruders, knowingly create hazards, or use excessive force may be held liable for the pain and suffering that can be caused. The following are key legal considerations that may include:
- Whether the hazard was deliberately created
- Whether the danger was intended to cause harm
- Whether the response was reasonable under the circumstances
2. Dangerous Conditions Were Known but Ignored
A property owner has a duty to maintain reasonably safe property conditions for others. When there is a breach in this responsibility, severe injuries may arise, causing the property owner to take partial accountability. The following are examples of possible dangerous conditions.
- Deep excavation holes
- Exposed electrical wiring
- Collapsing structures
- Unstable flooring or staircases
- Hazardous chemicals left accessible
An attorney can help explain the legalities of pursuing a personal injury claim, even when trespassing was part of the equation.
3. The Property Owner Knew Trespassing Happened Frequently
If the property owner becomes aware of frequent trespassing trends, they may be responsible for providing a level of reasonable care to decrease the chance of injuries occurring. This requires known hazards to be taken care of to ensure that others are not subject to injuries. Examples of repeated trespassing locations may include the following.
- Vacant or abandoned buildings
- Empty construction sites
- Unfenced vacant lots
- Shortcuts across private property
- Areas near schools or residential neighborhoods
Safety precautions may include:
- Installing fencing
- Locking gates
- Posting warning signs
- Securing dangerous areas
- Improving lighting around hazardous zones
- Blocking access to unsafe structures
4. The Injury Involved a Child
Children are often unaware of trespassing laws and may be subject to severe injuries when entering another person’s property. If the proper safety measures are not taken, then children may be exposed to hazardous conditions, causing harm and danger. Children may not recognize dangerous conditions or misjudge safety risks and concerns. The following are property conditions that frequently attract children.
- Swimming pools
- Trampolines
- Construction equipment
- Abandoned vehicles
- Treehouses or play structures
- Excavation sites
5. Hidden Hazards Were Not Clearly Marked
Hazards that were not clearly marked can cause serious or life-threatening injuries. These hidden hazards significantly increase the risk of damage and can include the following.
- Unmarked holes or drop-offs
- Covered wells or pits
- Loose flooring or collapsing decks
Important Deadlines to Be Aware Of
An attorney can help victims understand important deadlines when pursuing a personal injury claim. Timing considerations, including the date of the injury, whether a government entity was involved, or whether the injured individual was a minor, can greatly affect the outcome of a claim. Promptly following these deadlines can help individuals have peace of mind while recovering from their injuries. An attorney at KAASS LAW can explain the specific time-sensitive deadlines that must be followed to proceed with the personal injury claim. Premise liability cases can become complicated very fast. Understanding the legal measures to take when experiencing injuries is crucial to taking the necessary steps towards recovery.
Speaking to an Attorney
It is important to speak to an experienced attorney when injuries occur on another person’s property. The proper legal support can help individuals pursue personal injury claims even when trespassing on private property. If there is a breach in safety precautions, victims may be able to receive compensation for the injuries caused. KAASS LAW understands this and believes it is necessary to become aware of the legal measures victims can take to protect their rights moving forward.
How KAASS LAW May Assist After a Premises Injury
If you have suffered injuries while trespassing on private property, you may still be able to receive compensation for the damage. KAASS LAW can review the facts of the case and present the necessary information to help you understand your options. The attorneys at KAASS LAW want to help. They can review the details of the incident, examine the property's safety conditions, and communicate with insurance companies. An attorney can also assess medical records, accident reports, and witness statements. Call KAASS LAW today to proceed with your case.