Liability for another’s injuries can arise from many situations. However, the details of the case are slightly different when the person who gets injured was trespassing.
It is important to know the definition of trespassing so that you can properly handle the situation.
Knowledge of the action
One of the biggest defining features of trespassing is the fact that you have full knowledge of what you are doing. If you walk onto another person’s property, see a sign that instructs you to turn back, and you still continue onward, you are trespassing. It is also understood that fences and enclosures signify that the land is private property. Going around an enclosure or sneaking into a fenced-in area is still trespassing.
Entering a plot of land with no signs or discernible barriers and getting verbally told to go back does not mean you have trespassed, as long as you leave when first alerted. It is also a sign that if you did not interfere with anything on the property in a notable way, you took measures to obey the law.
Additionally, giving someone permission to use your land means you cannot sue him or her for trespassing. Implied consent comes from your actions, such as allowing a worker to enter a plot of land in order to complete a task. Written or explicit verbal consent is even more ironclad as a defense in court.
Setting up traps for people who may wander onto your property is not allowed. Injuries sustained from this action cause the landowner to be possibly held liable for damages. The best way to prevent trespassers is to put clear signs and video cameras to capture any possible issues.