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Is a property owner liable for all accidents on his or her land?

On Behalf of | Dec 20, 2022 | Premises Liability

Property ownership comes with a lot of responsibilities. If someone gets hurt on your land, you may even face a lawsuit.

But not everyone who comes to harm on your property has a right to make a claim against you. You do have a defense against some individuals.

General rule

The general rule is that you do have liability for injuries or deaths occurring on your property. But that responsibility is to the people you invite onto the property. It also covers hazards that you knew about or should have known about. Something out of your control would not fall into this, such as a natural disaster or a situation where someone else causes harm to the person, and you had no control over the situation.


There is also one big exception to the general rule. Trespassers do not get protection under the law. If someone comes onto your land without an invitation and suffers an injury or dies, you are not liable.

Exception to the exception

However, laws are complicated. There is an exception to the trespasser rule for children. If you have something considered an attractive nuisance, which is a hazard that would entice a child onto your land, then you are liable for any injuries or deaths that occur. A common attractive nuisance is a swimming pool. You should take steps to ensure children cannot get into the pool by installing fences, locked gates and other barriers.

As a property owner, you should keep your property safe and well-kept to avoid any claims against you for injuries or deaths.