What if I was trespassing or my child was trespassing when the fall happened?
In many cases, someone on a property illegally will be barred from obtaining compensation for injuries suffered in an accident while there. But the law and courts recognize that there can be many factors that influence an accident, including the injured party’s age, so any serious fall accident deserves the attention of an experienced slip-and-fall lawyer who can determine whether you have the basis for a claim.
Even for trespassers, property owners can have certain legal obligations and can sometimes be held responsible for falls that occur while someone is trespassing on their property. For example, if a property owner knows that there are trespassers and that there are dangerous conditions on the property, the owner may be required to warn trespassers of the risk. If property owners make their property inviting, especially to children, and encourage trespass through their actions, then they also have an obligation.
For example, kids may be drawn to swimming pools and construction sites and be more likely to trespass as a result. These are sometimes known as “attractive nuisances,” which impose special responsibilities on property owners. The homeowner who fails to secure a pool or a property developer who leaves a construction site open may be found liable for falls and injuries on their property even though they instructed children to stay away.