Most law-abiding adults don’t intentionally trespass or consider themselves trespassers in some instances when legally they are. In North Dakota, trespassing can be a civil or criminal matter. Generally, it involves someone entering and remaining on a property where they don’t have a right to be.
As the weather warms up and people are increasingly walking and biking outdoors, the risk of unintentionally trespassing increases. People often like to explore construction sites (especially home sites around the neighborhood) and vacant storefronts. People sometimes innocently go onto someone’s property to get a closer look at an intriguing flower or an interesting lawn ornament.
Are those who own these properties liable for injuries suffered by trespassers? A property owner’s duty of care to keep a property safe for those with a right to be there (like invited guests, customers, visitors and delivery people) is typically much higher than it is for trespassers.
Property owners can’t intentionally harm trespassers
If someone steps on a nail in that empty retail space while exploring or in someone’s yard while photographing that flower, they likely can’t sue the owner to get compensation. However, if an owner has intentionally done something to harm anyone who trespasses, that’s another matter.
Some property owners “booby-trap” their property with hazards to ward off unwanted visitors. They may dig holes in the lawn and cover them up or install an electric fence without putting a warning sign on it. There have been cases where people shot those who mistakenly or briefly entered onto their property. In all these instances, a property owner can likely be held responsible (sometimes criminally) for causing injury.
Even if they don’t intentionally seek to harm a trespasser, a property owner might be liable if there’s a known danger that they don’t seek to protect people from – particularly if a property is easy to enter. Construction sites are a good example.
A word about attractive nuisances
As we’ve discussed here previously, children and even teens in some cases aren’t expected to understand the ramifications of trespassing when they see something they can’t resist – like a swimming pool that’s not protected by a wall or locked gate. Property owners have a responsibility to take steps to prevent young trespassers from harm.
If you or a loved one has suffered harm on someone’s property but the property owner is arguing that you or they were trespassing, it’s wise to get legal guidance. This can make all the difference in whether or not you’ll receive needed compensation.