Basso v. Miller requires the law to treat all visitors the same when it comes to premises liability. This means property owners have the same duty to invited guests as they do trespassers. However, to have a premises liability case, you must prove the defendant had a duty of care. This standard can be harder to meet if you are an uninvited guest.
However, there are two main exceptions:
Prior knowledge of trespassers: If the property owner did not know you were on their land, it is hard to prove they had a duty of care. However, if the owner knew that you or other persons visited their land, they have a legal duty to warn of potential dangers.
Attractive nuisance: The attractive nuisance doctrine states that a property owner may have legal liability for a minor’s injuries if the injuries were from a hazardous condition or object that is likely to attract children. For example, if a property owner puts a trampoline in their front yard, there should be a reasonable expectation that it may attract children. Therefore, if a child enters the property and gets hurt on or on the way to the trampoline, the property owner may be liable for that child’s injuries.
Cases that involve an uninvited guest can be harder to prove. An experienced slip and fall attorney can help you determine whether you have a case.