If you get hurt while on someone else’s property, you generally will have a claim for damages. Typically, their homeowner’s policy will cover any damages you suffer. This is called a premises liability claim. Since you got hurt while on their premises, they will be liable. Usually, you’ll know the person whose home where the injury takes place. Other times, you get hurt while on commercial property. You could be shopping at the mall when you slip on a wet floor. Even in cases like this, the mall or store owner will have liability insurance. Very rarely would you be stuck paying your own medical bills. But, what happens when you’re a trespasser in Lawrenceville? Most people think that trespassers are automatically barred from filing a suit for damages. This isn’t always the case. There are situations in which a trespasser is actually able to sue the property owner for damages.
Whether or not you’re entitled to damages will almost always depend on whether or not you have a right to be on the property. Your personal injury lawyer in Lawrenceville will work hard to demonstrate that you had every right to be there. They’ll also submit the evidence necessary to show that the defendant was at fault. Either way, it’s worth filing a claim. The worst that can happen is that you have to file a civil suit.
Whether You’re Entitled to Damages Depends on Why You Were on the Property
Just because you’re technically a trespasser doesn’t mean the property owner doesn’t owe you a duty of care. If property owners assume that someone could come on their property at any time, they should keep their place clean and safe.
The four (4) main types of visitors on a property include:
- Invitee – When a property owner clearly is inviting stranger onto their property, they’re considered an invitee. This could be someone shopping in a grocery store.
- Licensee – These people are just below trespassers. They don’t technically have any business on the property but they haven’t been excluded either.
- Social Guest – This category includes friends and family who over to visit. If you let them in your home, they’re protected from danger and injury.
- Trespasser – Obviously, if someone doesn’t have permission to be on someone’s property, they’re a trespasser. Generally speaking, these people are not protected by the law. However, there are certain situations where the court makes an exception.
The general rule is that invited guests are protected by premises liability law. There are times, however, when other people have a right to a duty of care. It comes down the type of property you own and why the person came onto your property.
When Can a Trespasser in Lawrenceville Demand Damages for Personal Injury in Georgia?
If you’re trespassing on private property, you may still be able to file a claim for damages. There are certain situations where a property owner either knows or should have known that a trespasser could get hurt on their property. Some of these exceptions include the following:
- Attractive Nuisance – If a child trespasses on someone’s property, they may be eligible for damages. If the property owner has something on their property that is interesting to most children, they should expect kids to enter their property. If your child is injured while on your neighbor’s property, you may be able to file suit.
- Obvious Danger – If the property owner has a dangerous condition on their property, they may be liable for injuries to trespassers. For example, if someone has a giant sinkhole in their yard, they could be liable for people who get hurt by falling in the hole. If they are aware that trespassers tend to cross through their yard as a shortcut, they should expect people to get hurt.
- Known Trespassers – If a property owner knows that people constantly trespass on their property, they owe them a duty of care.
Your Lawrenceville personal injury lawyer must prove that your case falls into one of these exceptions.
Contact an Experienced Personal Injury Attorney in Lawrenceville
If you or your loved one gets hurt as a trespasser in Lawrenceville on someone else’s property, you need to call a skilled personal injury lawyer in Georgia right away. Even if you were technically a trespasser, that doesn’t mean you have no rights.
Personal injury lawyers can help trespassers. And they can help you too. These cases are hard to prove but not impossible. Call and talk to one of our experts today.