Am I Liable if a Trespasser is Injured on My California Property? (2024)

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Am I Liable if a Trespasser is Injured on My California Property?

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Am I Liable if a Trespasser is Injured on My California Property? (5)

Jun 9, 2021

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If you own a home, business, or other piece of undeveloped land in California, you likely take appropriate measure to ensure the property is safe at all times. By not maintaining a safe environment, property owners can be open to lawsuits for slip and falls, trip and falls, and other premises liability cases.

But what if a trespasser enters your property without your consent and ends up sustaining an injury? Does an injured trespasser have any legal recourse in the state of California?

Below we’ll look at what the law says regarding trespassers who are injured on private property. Additionally, we’ll review what steps you can take to preserve a safe property and offer details on how to file a premises liability lawsuit in the event that you suffer a slip and fall in a grocery store, parking lot, or other location.

What Happens if a Trespasser is Injured on Your Property?

Am I Liable if a Trespasser is Injured on My California Property? (7)

You might be under the impression that a trespasser, as someone breaking the law, automatically forfeits their right to compensation. But there are actually some specific scenarios where a trespasser could file a personal injury lawsuit seeking damages.

California Penal Code 602 explicitly states that trespassing is illegal. However, there may be grounds for a trespasser to file a lawsuit if the premises was unsafe, not clearly marked, or considered to be an “attractive nuisance” (although California no longer has an attractive nuisance doctrine in place).

California law states:

“Every person who willfully commits a trespass by entering upon lands or buildings owned by any other person without the license of the owner or legal occupant, where signs forbidding trespass are displayed, or damaging, destroying, or removing, or causing to be removed, damaged, or destroyed, any stakes, marks, fences, or signs intended to designate the boundaries and limits of any of those lands is guilty of a misdemeanor.”

Schedule an appointment online for a free consultation today, or call us directly to speak to our top-rated, expert personal injury attorneys.

If you met the definition of a trespasser as outlined above, you would not have legal recourse or be able to file a personal injury civil lawsuit. However, the key word in the above paragraph is ‘willfully.’ The trespasser must willfully enter someone else’s private property, and that property must be clearly marked as such.

If there are no signs indicating that the property is private, no “no trespassing” posts, no fences, and no restriction on access, the trespasser could technically make the argument that he entered the property by accident. In Southern California, most property boundaries are clearly marked. Many homes are separated by either fencing or gates. But in rural areas, the property lines may not be visible.

In such cases, a trespasser who endured a slip and fall injury could technically file a personal injury lawsuit, making the argument that they were unaware of the property boundaries (and therefore did not realize they were trespassing). It’s a scenario that could easily happen on a farm or other rural setting. And if there are no fence lines or signposts delineating property lines, and a trespasser breaks an ankle while running through the area, he or she could technically bring a civil lawsuit seeking financial compensation.

This is why it is recommended that property owners post visible and clearly-stated signs indicating the boundaries and that the area is “private property” where trespassers are not allowed. Under California law, property owners must provide a “reasonable amount of safety” for those entering their property – whether an invitee, licensee (e.g. worker), or trespasser.

Can a California Property Owner Defend Themselves Against a Trespasser?

Yes. Residential burglary is considered a dangerous crime under the law. Such scenarios could be life-threatening, and a homeowner or property owner has every right to defend themselves while on their own property.

Under Penal Code 198.5 PC, California law follows the legal principle known as the ‘Castle Doctrine.’ Under the Castle Doctrine, there is no duty to retreat if a resident confronts an intruder inside his or her own home. Residents are permitted to use force against intruders who break into their homes (or attempt to force themselves inside).

What is the Attractive Nuisance Doctrine Under California Law?

Prior to 1970, California had the Attractive Nuisance Doctrine in place for property owners. The doctrine was established to hold property owners to a higher duty of care when attractive conditions such as swimming pools or trampolines were visible and could be enticing to children. Under the doctrine, homeowners in California could be held liable for injuries caused to children that trespassed on their property because of the attractive condition.

In 1970, a California court removed the attractive nuisance doctrine from state law (the actual case was Beard v. Atchison).

What is a Duty of Care in Personal Injury Law?

Under California law, a ‘duty of care‘ refers to the legal obligation a party has to avoid injuring others. To successfully bring a personal injury claim like a slip and fall or premises liability case, the plaintiff needs to demonstrate:

  1. The defendant owed the plaintiff a duty of care
  2. The defendant breached that duty of care
  3. As a result of that breach, the plaintiff was injured

For property owners, the standard duty of care to provide a safe environment for anyone who might enter the premises must be upheld.

How Can I File a Premises Liability Claim if Injured on Someone’s Property?

Provided that you were not defined as a trespasser (per the above legalese), if you were injured at a grocery store, hotel, or apartment complex you absolutely have the right to file a personal injury claim. Doing so can be the best means of recovering financial compensation for various losses, such as medical expenses, lost wages, lost earning capacity, emotional trauma, and more.

Before accepting a settlement offer from the property owner’s insurance company, contact the experienced premises liability attorneys at Dordulian Law Group (DLG) for a free consultation. We’ll listen to the facts of your case, launch a thorough investigation led by a retired LAPD detective, and prepare a winning legal strategy that helps you recover a maximum financial damages award.

In many cases, the settlement offered by the insurance company is an insignificant figure that will not cover your long-term medical expenses or rehabilitation. At DLG, we’re known for turning initial $5,000 settlement offers from insurance companies into multi-million dollar settlements. We fight on behalf of our clients to ensure they receive the damages award they deserve that will allow for a complete recovery – physically, emotionally, and financially.

Take a look at some of our past results. You’ll notice that we turned an initial $5,000 premises liability offer into a $3.25 million award. That’s the level of dedication and experience we apply to each and every personal injury case we handle at DLG.

If you experienced a premises liability injury, don’t wait to file a claim. Contact our expert attorneys online or by phone for a free consultation today.

If you’ve been injured in a slip and fall or premises liability accident, don’t settle for anything less than the DLG Advantage. DLG was founded by former Deputy District Attorney for Los Angeles County, Sam Dordulian. With over 100 jury trial victories, Dordulian has the experience needed to help you recover the damages you deserve after an untimely accident.

With over $100 million recovered in settlements and verdicts and a 98% success rate, DLG’s Premises Liability Division is the best in California. To learn more about how we can help you after an unfortunate injury, contact us online or call 818-322-4056.

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    William James

    20:28 10 Nov 20

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    14:45 07 Nov 20

    Had the opportunity to have Mr. Dordulian represent me in court the last two times and did a magnificent job of getting... my cases settled. Will definitely call them again and personally ask for Mr. Dordulian and Rafi again. High recommend if you want your personal injury cases settled in a orderly manner.read more

    Am I Liable if a Trespasser is Injured on My California Property? (59)

    Pablo Hale

    19:54 03 Nov 20

    By far the best Personal Injury Company in Glendale, I never have to worry about my court date or anything because they... take care of everything for you! I had several experiences with them and I was satisfied 100%. I can't forget to mention how Mr. Dordulian and Steve are professionals and they're the best at what they do. Thank you, Dordulian Law Group, for making my life easy and for settlement that I get.read more

    Am I Liable if a Trespasser is Injured on My California Property? (60)

    Tiffany Martinez

    22:36 24 Oct 20

    I'm so glad I chose to seek support from Dordulian Law Group when I had my car accident back in May. They were able to... settle my case in a short amount of time with great results! Thank you to Rafi and Anthony! Always maintained good communication throughout the process.read more

    Am I Liable if a Trespasser is Injured on My California Property? (61)

    Meryl Augustin

    02:44 19 Oct 20

    My husband was in an accident on the heels of wrapping up the sub-standard process from an accident we were both... involved in almost a year before; two accidents in one year after NEVER having been in one for our entire driving history. Needless to say, neither of us were looking forward to the process. We reached out to Dordulian Law Group and got the process started and am happy to report that things were wrapped up in a (for the most part) timely fashion. What is important to add here is that while an attorney is customarily the one who gets credit, I want to take this opportunity to give kudos to Rafi. for helping us through the last-minute phone calls and assuring us that everything was moving ahead as planned.read more

    Am I Liable if a Trespasser is Injured on My California Property? (62)

    Arleen Smith

    20:01 17 Oct 20

    Sam and his team took over my case and resolved many issues for me. When I had a question about the status of the case... the team was very responsive and did their best to explain the process to me so that I understood what was going on. Sam is very good at what he does, and will do his best to get you what you deserve.read more

    Am I Liable if a Trespasser is Injured on My California Property? (63)

    Zachary Quesenberry

    17:18 27 Sep 20

    I was rear-end by a careless driver, and I was stressed and hurt. Attorney Samuel Dordulian and Dordulian Law Team was... highly recommended. He was emphatic, informative, and answered all my questions and concerns. Every step of the way, there was constant communication. He was thorough and kept me informed. In addition, his team is exceptional and helpful. Thank you for your amazing service. I highly recommend him.read more

    Am I Liable if a Trespasser is Injured on My California Property? (64)

    Linda Brewster

    11:47 24 Sep 20

    Sam was referred to me by a friend who had an excellent experience with this firm. After my accident, something I had... never gone through before, a lot of people were pushing their advice and telling me what to do. It was overwhelming. Thankfully, i chose this office. Sam and Rafi guided me through the entire process and made it simple and manageable. They are amazing at what they do. They do their absolute best! I trust them and I highly recommend them.read more

    Am I Liable if a Trespasser is Injured on My California Property? (65)

    Paul Lair

    03:03 23 Sep 20

    Rafi was so pleasant, courteous and concerned about our well being. He took all the information and said to hold on he... would get the lawyer on the other line. We talked with him and he was just as nice. Rafi sent over the paperwork right away for us to sign and sent us her information to contact if we needed anything. Such a relief to have them in our corner. Couldn't believe how fast he got everything done. Anyone needing representation needs to give them a call and ask for Rafi, he will definitely treat you right! Thank you Rafi and Dordulian Law Firm.read more

    Am I Liable if a Trespasser is Injured on My California Property? (66)

    Roberto Gleason

    13:46 20 Sep 20

    I was involved in a car accident with careless driver, it was my first car accident. I was stressed cause I didn't know... what should I do, how to deal with all of it. A friend of mine recommended me Dordulian Law Group, he said, Sam is the best in it. What a great recommendation. Sam Dordulian explained me every detail on my case, His team kept me well-informed throughout the entire process. The most exciting moment it was when I got paid double from what I expected. I am grateful for Mr. Dordulian and the Dordulian Law Group and highly recommend them for any of your needs.read more

    Am I Liable if a Trespasser is Injured on My California Property? (67)

    Michael Foster

    04:45 18 Sep 20

    Dordulian Law Group helped me so much. They are extremely helpful and professional. They kept in regular contact with... me and answered any questions quickly. My case was settled in a timely fashion and there were no surprises. They are personable, I never felt like i was just another case. I highly recommend them.read more

    Am I Liable if a Trespasser is Injured on My California Property? (68)

    Toyma Tergita

    02:41 18 Sep 20

    The best auto accident attorney extremely attentive & caring. He has the background to go to bat for you and achieve... the best possible outcome for your circ*mstances. I have recommended him to several associates & family! If I’m ever in need in the future, he & his practice for sure is where I will go. I am very happy!read more

    Am I Liable if a Trespasser is Injured on My California Property? (69)

    Robert Berning

    17:05 13 Sep 20

    In my first exprience with Dordulian Law Group, I could not be more impressed with the professionalism of each and... every person in the office. If you have been in an accident and need a reliable lawyer, Dordulian Law is the answer! I will be going to them for all my future needs.read more

    Am I Liable if a Trespasser is Injured on My California Property? (70)

    Laura Van Doren

    09:14 13 Sep 20

    I was very pleased with the way my accident case was handled and settled. I would definitely recommend Mr.Dordulian and... group. Thank you for all your help!read more

    Am I Liable if a Trespasser is Injured on My California Property? (71)

    Paden Burgess

    16:35 12 Sep 20

    A plus service. They were thorough, provided attention to detail, helpful, courteous and maintained communication... throughout the process. I appreciate all of their efforts on our behalf of settling our case. I never once doubted that I was in good hands and never had any concerns. If ever needed again, I would not hesitate to call upon or recommend this firm.Thank you Dordulian Law Firm.Special thanks to Rafi and Juliet for their time and attentiveness!read more

    Am I Liable if a Trespasser is Injured on My California Property? (72)

    Willie Armstrong

    09:19 12 Sep 20

    Mr Dordulian and his time were exceptional. They handled everything so I did not have to stress at all. Even with an... insurance company that was dragging its feet and looking for outside Mr Dordulian with his knowledge was able to get them to settle for the policy maximum. Incredible to work with and very highly recommended.read more

    Am I Liable if a Trespasser is Injured on My California Property? (73)

    Scott Cranston

    17:17 02 Sep 20

    I had the pleasure of working with Samuel Dordulian regarding litigation on a car accident case. Throughout the process... he was extremely helpful in answering all of my questions and laying out my options. He was easy to get a hold of and answered all of my calls which I really appreciated during such a hectic time.read more

    Am I Liable if a Trespasser is Injured on My California Property? (74)

    John Sanders

    02:58 29 Aug 20

    I would be glad to recommend Dordulian Law Group to anyone in need of legal advice or services. They did a great.job... for me with my work injury claim and I was able to talk to someone anytime I had questions.read more

    Am I Liable if a Trespasser is Injured on My California Property? (75)

    Damon Walker

    23:02 25 Aug 20

    The staff at Dordulian Law Firm is so professional and helpful. They have always made us feel, very comfortable, and... always answering all of our questions and doubts that we might have. Excellent service Very attentive To detail Anything that I need they let me know right away and they're always taking up on our case. I strongly recommend this law firm.read more

    Am I Liable if a Trespasser is Injured on My California Property? (76)

    Steve Alder

    11:27 25 Aug 20

    I was referred to the law firm so they could handle my automobile accident. Sam Dordulian and Arpineh were amazing. I... was always well informed about my case and received phone calls to check on me and hear about how my treatments were going. I would definitely recommend The Dordulian Law Group to all my family and friends.read more

    Am I Liable if a Trespasser is Injured on My California Property? (77)

    Debra Alderman

    10:49 24 Aug 20

    I have been with Dordulian Law firm for many years in different cases, I always comeback with this law office when ever... we need their services because they always do far beyond in getting you ready before you talk with your insurance, and other. Always organized and let you know when something is missing or needed. Thanks Dordulian law firm for the great service.read more

    Am I Liable if a Trespasser is Injured on My California Property? (78)

    ruth farias

    14:09 21 Aug 20

    I would highly recommend Dordulian law firm to everyone. Reason why I came to this law firm was cause of the other... reviews I seen on here and support of family and friends who have heard or been in the process as well, can honestly say that they are hard working and care about their clientsread more

    Am I Liable if a Trespasser is Injured on My California Property? (79)

    Tara Seymour

    03:07 20 Aug 20

    If you are looking for a great attorney, I highly recommend Dordulian Law Group!! Sam Dordulian and Rafi are an awesome... team!! They answered all of my questions from start to finish. They were always there to check in with me for as long as it took to settle my case! If you are looking for an attorney, don’t look any further, this who you need to go with. Very pleased. Thank you guys, you are the best!read more

    Am I Liable if a Trespasser is Injured on My California Property? (80)

    Dianna Butler

    12:56 16 Aug 20

    Dordulian Law Group is by far the best law firm in California bar none. This law firm save me financially a few years... back and recently I relied on them to save me again. This time is money in the Bank. No matter what the circ*mstances are, they would have the expertise, resources to come up with sound and effective solution. It's money in the bank I tell you. It is always a win-win proposition with Dordulian Law group.I highly recommend their professional service, exceptional quality and value, quick response to all your needs. Five star all the way. Dordulian Law Group made me a winner in a case that seems going nowhere at the get go.Dordulian Law Group saved me from doom, took our case and gave us lots of money and joy. Thank you so much Rafi, Samuel and Company for a job well done.read more

    Am I Liable if a Trespasser is Injured on My California Property? (81)

    Charles Sullivan

    06:12 08 Aug 20

    I needed a lawyer to help resolve an issue with my insurance. I contacted several lawyers. He responded within minutes... after contacting him; answered my questions and was very responsive and helped resolve the issue within 24 hours. As many other reviewers have stated, he is very quick to respond, is frank and upfront with the issue at hand, takes immediate action to help resolve the issue in your best interest, and is reliable. I would definitely recommend Sam for any personal injury case, and I if I have any problems in the future (hopefully not), I will definitely be contacting Dordulian Law Group again.read more

    Am I Liable if a Trespasser is Injured on My California Property? (82)

    Justin Amerson

    07:24 07 Aug 20

    Sam Dordulian is one of the hardest working attorneys I know. He will work around the clock to make sure deadlines are... met and clients are satisfied. Not to mention, he's an extremely talented attorney. I highly recommend him to anyone seeking a solid attorney and advocate.read more

    Am I Liable if a Trespasser is Injured on My California Property? (83)

    Kerry Leger

    18:21 04 Aug 20

    Sam Dordulian is a very professional and knowledgeable attorney. He represented me in court and I felt very well taken... care of. His friendly demeanor and confidence assured me that I was in good hands. I would definitely recommend Mr. Dordulian to anyone in need of an attorney. I was totally satisfied.read more

    Am I Liable if a Trespasser is Injured on My California Property? (84)

    Elvera Terrell

    16:12 04 Aug 20

    After contacting several law firms, I was impressed with this firm. Rafi and S. Dordulian really listened and assisted... me. Rafi kept the line of communication open as well as, giving excellent advice. He made you feel at ease and comfortable as a good friend would. There was sincere concern shown to the issues I was having. If I needed an attorney again, Sam would be my first call.read more

    Am I Liable if a Trespasser is Injured on My California Property? (85)

    Pauline Marsh

    13:59 01 Aug 20

    I spoke with Sam a few months ago in regards to a medical issue that my family had and he spent probably a good 45... minutes discussing all the options. Some of those options panned out and I am very grateful for his advice and insight. He is obviously a very caring guy and isn't in for the money. If you want someone you can trust I really believe he is the guy.read more

    Am I Liable if a Trespasser is Injured on My California Property? (86)

    Polsky Shouldice

    07:10 30 Jul 20

    Sometimes workers comp cases can drag on. Samuel was there every step of the way with superior knowledge and intellect.... What struck me was the kindness I found in him. He has always made sure my family and I were doing well. This kindness bridged the gap from the beginning of my case to the end and continues today.I'm convinced there isn't a workers compensation issue too big or small for he and his law group to handle. Because of Sam these past Holidays were the best I could have imagined. Thank you Dordulian Law Group.read more

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