Do “No Trespassing” Signs Absolve You Of Any Personal Injury Claims In Charleston, WV?

Date

Do “No Trespassing” Signs Absolve You Of Any Personal Injury Claims In Charleston, WV?

You know that as a homeowner, property or business owner, you’re required to keep your property in good, safe condition for your visitors, employees, customers, or anyone you invite to visit your business or property. Should anyone fall and become injured, you could held liable and sued for damages.

No Trespassing sign on metal gate with lock..

But what if someone is trespassing, and has no business on your property? Can you be held liable if someone who shouldn’t be there steps on the property anyway, and gets hurt?

Many people put up those ubiquitous “NO TRESPASSING” signs, but it may not prevent a personal injury claim if the person on your property illegally is injured. Although you are not obligated to protect an intruder as you would an invitee, there are circumstances where you could be held liable.

What Is Trespassing?

According to  West Virginia’s Chapter 61 Article 61-3B, trespassing is defined as:

“Any person who knowingly enters in, upon or under a structure or conveyance without being authorized, licensed or invited, or having been authorized, licensed or invited is requested to depart by the owner, tenant or the agent of such owner or tenant, and refuses to do so, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than $100.”

Trespassing with a firearm and the intent to do harm includes jail time of up to one year and a fine of up to $500 for the individual caught.

The Property Owner’s Duty

As with visitors and invitees, a property owner has a duty to ensure that the property is safe for anyone who enters. This is, at least partly, true of a trespasser.

If someone trespasses on your property and is injured by something on your property (such as slipping on ice or falling over a broken sidewalk), you may not be held liable. Since you weren’t expecting this unintentional “guest,” you could not have prepared for the visit, so you would not have been able to keep the area reasonably safe.

Defending The Homestead

The rules change if a trespasser is on your property and you are in imminent danger, particularly if the trespasser is armed and threatening. You can defend yourself, but only if there is imminent danger. Deadly force is not warranted for someone simply walking onto your property.

If you find yourself faced with an intruder, you are not allowed to intentionally cause harm to someone trespassing if you aren’t in danger. This includes intentionally setting “traps,” digging holes or other means of detaining or harming a trespasser.

This also means you would not be allowed to use deadly force if:

  • The trespasser is simply on your property, even if armed
  • The trespasser is leaving and indicates this, even if armed

If you invite the trespasser onto or to stay on your property, he or she then becomes an invitee, who will need to be protected and warned of any dangers or hazards, as you would any other invitee.

The “Attractive Nuisance”

Normally seen in urban areas with things like pools, an attractive nuisance is anything that trespassers, particularly children, will cross the fence or other border to visit.

If your property has a feature, such as a swimming pool, swing set, or anything else that children or other individuals find interesting and trespass to get to, it’s up to the owner to secure the area and make sure it keeps children or other visitors away from it.

Children are especially naïve, and may be attracted without realizing any dangers. An attractive nuisance makes an injury much more likely. You must take extra care to ensure their safety, even if they are technically trespassing and on the property illegally, since you could still be held liable for their injuries.

Premises Liability Defense

The Love Law Firm is Charleston, West Virginia’s personal injury law firm for slip and fall and other premises liability cases. Chad Love has been helping Charleston residents after accidents for more than 20 years, and is ready to help you. Call us today at 304-344-5683 or contact us online and schedule your free consultation. Our contingency fee arrangement means you won’t pay unless we win your case, with no money up front.

Related Articles

Phone:

(304) 344-5683

Get In Touch

Over 20 Years of Proven Success Winning Awards for Personal Injury Cases in Charleston, WV and Beyond.