Trespassers enter a property without permission. Trespassing can occur if a stranger tries to enter a store when it’s closed or cuts across a neighbor’s lawn.
Trespassers are the third category of visitors under Virginia premises liability law. Property owners do not owe any specific duty of care to trespassers (although they must not intentionally harm them). Under most circumstances, trespassers are responsible for their own injuries.
There are two exceptions, however.
The first exception is frequent and noticeable trespassing, such as neighbors constantly cutting across a corner of a lawn. If this is the case and the property owner knows of a potential risk, they must repair it or warn potential trespassers clearly.
The second exception is that property owners should never leave dangerous instruments, machinery, or other materials that pose potential harm to children on their premises. Children are naturally inquisitive, and the law does not expect young children to always understand what constitutes trespassing or potential dangers.
An empty swimming pool, for example, may look very enticing to a three-year-old. A prudent homeowner must fence or otherwise secure it so children can’t go near, or they may be responsible if a child is injured.