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Understanding trespassing and premises liability

| Nov 7, 2018 | Premises Liability |

In general, a premises owner is liable for any injuries that occurred on their premises when it can be shown that the injury was caused by unsafe circumstances. However, in order for an injured person to take legal action against the premises owner in question, their legal status in regard to them being able to enter the property needs to be questioned.

If you have been injured on a premises in the state of Arizona and you are unsure of whether you were in fact trespassing, it is important that you take the time to understand how the law works.

What does it mean to be a trespasser?

If you are considered under the law as a trespasser, it means that you entered a property or piece of land without the right or without permission to do so.

What duty do landowners owe to trespassers?

If a landowner or property owner discovers that a person is intentionally or unintentionally trespassing on their property, they are not necessarily liable for any injuries that they suffer. This is because they did not expect a person to be present on the property; therefore, they did not have the responsibility to make it safe. However, they must inform the trespasser of any nonobvious dangers in order to prevent the likelihood of injury.

How does the law apply to child trespassers?

If a child trespasser becomes injured on a property, a liability claim may be successful if the property owner should have known that children were likely to trespass.

If you want to learn more about premises liability claims in Arizona, an experienced attorney can provide more information.

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