Definition of "Trespasser"

Magdalena Paszkowski real estate agent
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Person who enters property without the right to do so. For liability purposes, it has been held that property owners are not responsible for trespassers as long as they do not intentionally trap or injure them. On the other hand, a property owner can be liable for injury to a person who has been invited onto his or her property, including messengers, delivery people, and service people, as well as guests. However, trespassers are very narrowly defined. No one in a public place is considered a trespasser. Likewise, owners of an attractive nuisance have been held liable for injuries to trespassing children. Further, recent interpretations by the courts have sometimes made owners liable for injury to trespassers if the owner was negligent.


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