Setareh Law
February 4, 2024
If you enter someone else’s property without their express permission, that landowner can accuse you of trespassing. You might assume that trespassing may bar you from your right to legal action if you’re injured while illegally on someone else’s land. This, however, is not the case.
California allows you to take up a civil claim against a landowner whose negligence led to an accident regardless of whether or not you were invited onto their land. You have an obligation, however, to outline the ways a landowner failed to maintain their land before you can demand your loss-based damages. Fortunately, the personal injury lawyers with Setareh Law are on your side and can help you protect your rights every step of the way.
Your Right to Recover Compensation as a Trespasser in California
Most states recognize an attractive nuisance doctrine that allows certain trespassers to recover accident-related damages despite their lack of invitation onto another person’s property. California, however, does not follow this attractive nuisance doctrine. The Supreme Court of California dismissed the doctrine in 1968, instead saying that injury victims’ right to compensation hinges on:
- The location of the property on which the accident allegedly took place
- The likelihood of trespassing
- The chance a trespasser may sustain serious bodily injury from obstacles on the property
If a California civil judge believes that a property owner should have predicted that trespassers may enter their property and that the injuries a trespasser sustained were expected considering the state of the property, then the trespasser may receive loss-based damages.
California and the Attractive Nuisance Doctrine
Instead of the attractive nuisance doctrine, landowners in California have to determine what the chance of someone trespassing on their land may be. Landowners must then integrate that risk into the care and keeping of their land, generally preventing the kind of obstacles that might lead a trespasser to suffer harm.
This elevated duty of care stands in for the attractive nuisance doctrine and allows all parties contending with land-related injuries to pursue compensation for their losses.
When to Meet With a Premises Liability Accident Lawyer
California residents operate on a tight statute of limitations when addressing their personal injury cases, including premises liability cases. Trespassers, invitees, and licensees alike have no more than two years to bring their cases before a California civil judge. If you miss that filing deadline, you may waive your right to premises liability damages, regardless of the circumstances that led to your accident.
Premises liability attorneys can specifically help you bring together the data you need to meet California’s burden of proof. That burden determines whether or not you have the right to premise liability damages based on the value of your losses.
Recovering Specific Damages After a Premises Liability Accident
Should a court determine that a landowner failed to uphold the duty of care owed to trespassers and other parties alike, injured trespassers may receive compensation for their losses upon filing a premises liability claim. Trespassers are entitled to as much compensation as an invitee or licensee may be in the wake of an accident but must prove that they deserve certain forms of financial support.
The support you request in a premises liability claim may cover the following losses:
- Medical expenses
- Lost wages or opportunities to go to work
- Emotional distress
- Property damage
- Pain and suffering
You must be able to prove these damages if you want to argue for your right to post-accident compensation.
Contact Setareh Law For Legal Support Today
If you were injured while trespassing on someone else’s property, you may still file a personal injury complaint against that landowner. The personal injury attorneys with Setareh Law can help you bring your claim forward before your statute of limitations expires.
You can contact us online or call us at (310) 659-1826 to book your premises liability case consultation. Our team also speaks Spanish.
