Martinez, Hart, Thompson & Sanchez, P.C.
800-698-1773 | 505-633-8770

Trespassers may be able to succeed on premises liability claim

Those who are injured by a hazardous property condition after being invited onto the premises by its owner may be able to recover compensation for the harm they have suffered. These damages can be quite extensive, too, including hefty medical expenses and rehabilitation costs, as well as lost wages. One may also be able to recover compensation for pain and suffering. However, succeeding on a premises liability claim often requires showing that one was invited onto the property in question, a hazardous condition existed that caused the victim's injuries, and that condition should have been remedied or at least identified and warned of in a timely fashion.

But what about those who are harmed on the property of another when they were not invited onto the premises? Generally speaking, no duty of care is owed to trespassers, but even they may be able to recover compensation from a landowner if certain factors are present. First of all, even though no duty exists to protect trespassers, a landowner cannot willfully injure him or her by, say, setting traps.

Second, a property owner may be held liable if he or she knows that there are frequent trespassers on the property and certain conditions xist. Amongst those circumstances are that the owner created or maintained the hazard in question, that condition was likely to injure or kill someone, the property owner likely knew that a trespasser would not discover the hazard before being injured by it, and the property owner did not act within reason to warn of the condition and the potential risks associated with it.

Premises liability cases can be quite complicated, which can be stressful to those who are involved and have a lot on the line. However, by gathering pertinent evidence, turning to statutory and case law, and utilizing the rules of evidence and trial to one's advantage, a victim can build strong legal arguments that support his or her position. Skilled attorneys who are experienced in this area of the law stand ready to assist those with building these arguments.

 

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Martinez, Hart, Thompson & Sanchez, P.C.
1801 Rio Grande Blvd NW
Suite A
Albuquerque, NM 87104

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Phone: 505-633-8770
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