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Are property owners responsible for trespassers?

On Behalf of | Apr 4, 2023 | Injuries |

There are many property owners in Montana who own different types of property. Some may own large amounts of land for ranches or farming. Others may own property where they own businesses and invite the public onto the property to sell them products or services. Others may own a family home within a city. No matter what type of property people own, there are times when they invite people onto their property and times when they do not.

There are times when people on the property may injure themselves on other’s property as well. Depending on the circumstances, the property owner could be liable for the damages the victims suffer. However, whether they are liable depends on whether they were invited onto the property or not.

Property owners duty of care to trespassers

If people were not invited onto the property, they are considered trespassers. Property owners have the least amount of liability for trespassers’ injuries. The property owner has no responsibility for the condition of the property while trespassers are on it.

Trespassers are given no guarantees as to the safety of the property. The only way that property owners can be held liable for injuries trespassers suffer on their property is if they purposely or intentionally do something to harm the trespasser.

If people are invited onto the property, property owners have more responsibilities to keep those individuals safe. So, the status of the victim while on the property is very important. Some of the injuries people suffer are significant and be very costly, so compensation for the injuries can be very valuable.

People in Montana enter onto other people’s property almost every day. Most of the time, they are either expressly invited or there is an implied invitation. In these situations, if they are injured while on the property due to a dangerous condition, the property owner may be ordered to compensate them for their injuries. Experienced attorneys understand this complicated area of the law and may be a useful resource.


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