If injured while trespassing on property, it is typically very difficult to file a premises liability claim for property owner liability. Trespassers have no legal right to be on the property, but there may be exceptions that may allow trespassers to pursue a claim with an Arvada injury attorney.
In Colorado, one possibility is through the doctrine of attractive nuisance and another is when the owner does not warn of potentially dangerous conditions, such as presence of an electric fence.
Premises Liability Claim Stemming from Attractive Nuisance
In terms of property owner liability for injures while trespassing on a property, this doctrine generally applies to children. It is based on the property containing something that would be enticing to children, yet could cause serious or fatal harm. One of the most common examples of this is a pool.
Failing to take measures to put away attractive nuisances or prevent children from accessing them could result in a property owner being liable for any resulting injuries. Using a swimming pool as an example, if the area around it wasn’t fenced or a gate wasn’t locked, it could be considered negligence on behalf of the property owner, and liability may assigned.
There are other types of items that could also be considered an attractive nuisance; for instance, a blowup bouncy house that deflates and traps or suffocates a child, or a discarded appliance. Another example would be construction work being done that leaves a gaping hole with no barriers. If the child were to fall into it, this may lead to property owner liability in a premises liability claim.
If there is question regarding whether a certain scenario constitutes an attractive nuisance, an Arvada injury attorney can offer legal guidance to Colorado injury victims or their families.
Further, property owners are responsible for safety on their property. The other scenario in which a trespasser might be able to file a premises liability claim is when the owner is aware of the potential for trespassing on the property and nothing is done to warn of a potential hazard that could cause injury.
An example might be if the owner knew there was the risk of the trespasser coming into contact with an electric fence and didn’t place warning signs. This may also be the case if an owner does not warn of the presence of a dangerous dog by posting appropriate signs. These can also be complex cases about which case Arvada injury attorneys can offer Colorado residents consultation.
Legal Counsel for Property Owner Liability Claims from an Arvada Injury Attorney
In Colorado, victims injured while trespassing on property can run into a lot of confusion about their rights. Although trespassers generally don’t have many rights when they illegally enter someone else’s premises, victims can seek consultation about exceptions to this generality with an Arvada injury attorney. Colorado injury victims can consult D.J. Banovitz for assistance determining the legal options available and the viability of a claim if injured while trespassing on property.