Trespassers pose security and liability risks for commercial properties. If a trespasser gets injured, liability depends on multiple factors, including the person’s intent, whether they knew they were trespassing, and the site’s conditions.
This concern is relevant for business owners because property crime is rising — nonresidential burglaries were higher in 2024 than five years prior. Many thieves target valuables such as metals, which they can resell on a secondary market, as well as valuable equipment, fuel, and materials. If an injury occurs, businesses may face lawsuits despite the trespasser’s intent.
Businesses must understand their liability and the law when trespassers get hurt on their property. By understanding liability rules and taking preventive steps to prevent trespassers from getting injured at your business, you can minimize your risk of legal and financial exposure.
General Liability for Trespasser Injuries
Trespassing is knowingly entering another’s property without permission, which is the first crime someone commits before an act like theft or vandalism. However, if a person enters your property without authorization and gets hurt, you may still be liable despite them having committed a crime.
Trespassers can sue for injury or damages, including medical bills, pain, scarring, rehabilitation costs, and prescription medications. However, a business with proactive security measures and clear policies greatly reduces the risk of such a lawsuit being successful or happening at all.
General Rule: No Duty of Care
Property owners typically have no legal duty to protect trespassers from injuries, as the general rule recognizes that property owners do not anticipate trespassers. If a person enters a property without permission, they assume the risks, so the owner is not responsible for injuries. For example, this rule is applicable when a trespasser is injured on a construction site or other type of worksite, which one could safely assume contains hazards. Courts generally rule in favor of the property owner unless exceptions apply.
Key Exceptions: When Liability May Apply
While the general rule limits apply, several exceptions increase a business’s exposure to lawsuits. Understanding these exceptions helps mitigate risk and strengthen legal defenses:
- Willful conduct: If an owner intentionally harms a trespasser, they may face liability. Examples include setting hidden traps or using excessive force.
- Known trespassers: If an owner knows trespassers regularly enter the property, as may be the case with abandoned properties or those under construction, they may need to put up warning signs for potentially dangerous conditions.
- Attractive nuisance: Owners must take precautions if a hazard might attract children, including securing heavy machinery, covering open pits, and locking up dangerous chemicals.
- Active operations: The business may be liable if an employee’s actions directly cause injury. For example, liability increases if a driver sees a trespasser and still backs into them.
Reasonable Care: Practical Steps to Reduce Risk
Even with limited liability, businesses should take reasonable precautions to prevent injuries and lawsuits. These include securing the site, posting warning signs to mark dangerous areas, conducting regular inspections to identify hazards, and training employees to handle trespassers safely and legally.
What to Expect if a Lawsuit Occurs
The courts will examine several factors if an injured trespasser sues. Property owners face liability risks if the trespassing is frequent and there is evidence of unsecured hazards like faulty fencing or exposed wires. Liability decreases depending on the level of reasonable care taken to address these concerns. Owners must take steps to prevent access or warn of risks by posting clear, legible signage across the property.
Keep Trespassers out With Multi-Layered Security
A multi-layered approach that combines electric fencing, perimeter lighting, access control, and video surveillance protects assets and reduces liability by preventing trespassing. This security strategy offers effective crime prevention, labor savings, and time savings when you have professionals handle the installation and maintenance.
Electric Fencing
Adding electric fencing behind an existing perimeter fence deters trespassers by delivering a safe but memorable shock on contact. An electric fence creates a psychological and physical barrier that prevents unauthorized access. It can also integrate with an alarm system that triggers alerts when it detects an attempted breach.
Perimeter Lighting
Proper perimeter alarm-based lighting reduces trespassing by increasing visibility and deterring criminal activity. These security lighting systems readily integrate with electric fencing. When the fence alarm activates, the lighting illuminates the area to deter intruders. Some premium lighting solutions run on solar power, which lowers operational expenses and ensures the lights perform reliably even during a grid outage.
Video Surveillance
Continuous video surveillance provides evidence for investigations and may deter trespassers. High-quality cameras and monitoring systems improve response times and allow stakeholders to monitor the premises remotely. Cameras typically operate independently of an electric fence, which means they must be strategically placed where an intrusion attempt is most likely. This requirement can be simplified with a solution like FORTIFEYE™ security from AMAROK, which improves on typical video surveillance systems by turning the camera toward the point in the fence where a breach attempt is detected.
Access Control
Strong access control measures ensure that only authorized personnel enter secure areas. Limiting access at gates and other entry and exit points reduces theft risks, upholding a secure perimeter by integrating with the electric fence system. Solutions for keeping unauthorized parties out include credential readers, AV intercoms, license plate recognition, mag locks, key fobs, and on-demand activity reports.
Additional Ways to Manage Trespassers
If you have visible security measures and good safety practices in place, it is unlikely that a trespasser will get hurt on your worksite. However, it’s wise to be prepared for even improbable situations. Effective trespasser management includes policy enforcement and an awareness of handling potential confrontations. Proactive strategies like documentation, understanding local laws, and verbal de-escalation help to create a robust defense.
Ensure your staff members know to follow these steps if they encounter a trespasser:
- Know local laws and regulations: A clear understanding of local laws and regulations about trespassing ensures that business owners and trained employees act within the law as they address incidents.
- Practice verbal de-escalation: In a confrontation, maintain a calm demeanor, listen, and effectively communicate to defuse the situation. De-escalation reduces physical altercation risks.
- Document the incident: Maintaining detailed incident reports is valuable for improving security protocols and using them as evidence for law enforcement.
- Prevent repeat offenses: If your current security posture doesn’t include perimeter security, work with a professional provider to benefit from a more effective option for deterring crime.
Keep Trespassers at Bay With AMAROK
Liability for trespasser injuries varies, but proactive measures help reduce both trespassing and liability. A well-maintained property with clear signs strengthens legal defenses in case of trespassing. Additionally, by securing your property and following legal guidelines, you can protect your assets and limit exposure to risks.
AMAROK is an award-winning perimeter security solutions provider. We aim to protect your property, people, and profits with a multi-layered security solution that meets your business needs. More than 99% of our customers with an AMAROK electric fence have experienced no external theft since installation. Our flagship product, The Electric Guard Dog™ Fence, is a full-perimeter, monitored electric fence that combines a safe but memorable pulsed shock, alarms, and lights to deter would-be intruders — all available at a manageable monthly fee.
Contact us today or request a free expert threat assessment to determine how you can secure your perimeter and keep trespassers out.
Disclaimer: This information is only for general educational purposes. Please consult a qualified attorney for advice on your site’s unique situation.
