A trespasser enters or remains without the possessor's consent. The duty owed is generally to avoid willful, wanton, or intentional injury, with no obligation to inspect or warn of ordinary hazards.
Heightened duties may apply to known or frequent trespassers and to children.
Alternative Names:
Trespassing Entrant, Unauthorized Entrant
Why it Matters?
The minimal duty owed makes trespasser status a near-complete defense, which is why the exceptions matter more than the rule. Known or frequent trespassers, such as people regularly crossing a property, may be owed a duty to warn of concealed hazards. The attractive nuisance doctrine separately protects children. Establishing that a possessor knew of regular unauthorized entry defeats the defense in many jurisdictions.
Frequently Confused with
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Frequently asked questions
What duty is owed to a trespasser?
What exceptions apply?
