Can I Recover Damages if I Was Injured While Trespassing?
Injuries can occur under various circumstances, including being injured while trespassing. Understanding your legal rights in such situations is essential. At Cheves Briceno, we aim to provide clarity on whether you have a claim if you were injured while trespassing in Georgia.
What is Trespassing Under Georgia Law?
Trespassing, under Georgia law, refers to entering or remaining on another person’s property without permission. It is outlined in O.C.G.A. § 16-7-21, which classifies trespassing as a misdemeanor. The statute defines criminal trespass as intentionally damaging property or entering/remaining on property without authorization.
Examples of Injuries While Trespassing and Legal Recovery
Even if you were injured while trespassing, there are circumstances where you might still have a valid claim for your injuries or losses. Here are four scenarios that illustrate this:
- Injured on Abandoned Property Scenario: John enters an abandoned building out of curiosity and gets injured by falling through a weak floorboard. Legal Recovery: If the property owner knew about the hazardous condition and did nothing to secure the property, John might have a claim. The owner’s negligence in maintaining or securing the property can be a basis for recovery, even if John was injured while trespassing.
- Hurt by a Dangerous Dog Scenario: Emily trespasses into a neighbor’s yard and is attacked by an aggressive dog that was not properly restrained. Legal Recovery: Georgia law (O.C.G.A. § 51-2-7) holds dog owners liable for injuries caused by their dangerous dogs. If the dog had a known history of aggression and was not adequately restrained, Emily could potentially recover damages despite being injured while trespassing.
- Injury Due to Attractive Nuisance Scenario: A child climbs over a fence to access a swimming pool and drowns because the pool was not secured properly. Legal Recovery: The attractive nuisance doctrine can apply here. Property owners must take extra precautions to secure hazardous conditions that might attract children. In this case, the property owner could be held liable for the child’s injuries or death, even if the child was injured while trespassing.
- Injury on Commercial Property Scenario: A homeless individual seeks shelter in a shopping mall’s parking garage and is injured due to exposed electrical wiring. Legal Recovery: If the property owner is aware that people might trespass and the property owner does not remedy hazardous conditions, they can be held liable for injuries. The mall owner’s failure to fix or warn about the dangerous wiring could result in liability, even if the injured party was trespassing.
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Why Choose Cheves Briceno?
If you’ve been injured while trespassing, understanding your legal options is crucial. At Cheves Briceno, our experienced personal injury attorneys can help determine if you have a valid claim. We operate on a contingency fee basis, meaning you don’t pay unless we win your case.
With offices in Braselton, Peachtree Corners, and Columbus, GA, we are easily accessible to provide personalized legal assistance. Our team is dedicated to fighting for your rights and ensuring you receive the compensation you deserve, even in complex cases involving slip and falls and trespassing.
Contact Cheves Briceno today for a free, confidential consultation if you or a loved one were injured while trespassing. Let us help you navigate your legal options in even a case that may seem like you have no chance at recovery. Remember, if you don’t recover, we don’t get paid.
