Are you liable if someone is hurt trespassing on your land?

Many homeowners in Massachusetts take great pride in keeping their homes in good condition. After all, if you have guests, the last thing you want is for them to be injured on your property. But what happens if someone strays onto your land without your permission. If they come to harm, can you end up in legal trouble?

Under premises liability laws, if you are aware that trespassers are likely to come onto your property, you may be considered to have a responsibility to warn them of hazards. This could be done by signposting and marking out the dangerous area. However, this only applies to conditions that you have put in place or that you maintain. Furthermore, you are less likely to be required to signpost it if it is an obvious danger.

The rules are slightly different when it comes to children. In these cases, the difficulty of removing a hazard or protecting children from it must be weighed against its potential risk of causing injury or death. As with trespassers, if you know children could enter your property, you must provide warning of any artificial conditions that may harm them.

Of course, this is also useful to bear in mind if you are injured on someone else’s property, or even if you are injured in a public place. If you come to harm as a result of someone else’s failure to maintain an area, or to identify its dangers, you may be able to file a premises liability claim. An attorney can help you evaluate your situation and may be able to assist you in pursuing remuneration for your injuries.