Can a Trespasser Sue for an Injury?

In most circumstances, trespassers do not have the right to take legal action against the property owner if they are injured. However, in some circumstances, they may have a valid claim. To learn more about filing a premises liability claim, continue reading, and reach out to our experienced personal injury firm.

What are some cases where a trespasser may have a right to file a premises liability claim?

Though trespassers generally do not have the right to file a premises liability claim if they are injured while trespassing, there are certain circumstances that allow a trespasser to take legal action against a property owner for a wrongfully-sustained injury. If the trespasser can prove the following, they may be able to hold the property owner liable:

  • The property owner know they were on the property
  • The property owner knew that there were certain safety hazards on the property
  • The property owner failed to warn the trespasser of the hazards
  • These actions caused the trespasser to sustain serious injuries as a direct result

The trespasser may also have a claim if they were attacked by a dog and the property owner did not have signs posted warning individuals of the dog.

Another example of a trespasser potentially having a valid claim is if the trespasser can prove that the property used unnecessary or excessive force to handle the situation such as a firearm and the trespasser posed no real threat to the property owner.

How long will someone have to file a premises liability claim in Maryland?

The statute of limitations for premises liability claims in Maryland is three years. This means that you will have three years from the date of your accident to take legal action against the negligent property owner. The sooner you are able to bring attention to your claim, the better. Failure to file your claim within three years may result in your being permanently time-barred from taking legal action. To get started with this process, do not hesitate to reach out to our experienced personal injury firm to learn more about our service and how we can assist you. Our legal team is prepared to work to satisfy the burden of proof to recover the compensation you require to heal and move forward with your life.


If you are injured due to another party’s negligence, you must reach out to one of our knowledgeable attorneys. At Timian & Fawcett, LLC, we provide effective legal services to clients in Prince George’s County, Washington, D.C. and all of Maryland. Our firm is dedicated to assisting our clients. If you need our help, we are ready to serve. Contact Timian & Fawcett, LLC.

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