Property owners have liability for injuries that occur on their property due to preventable hazards. When a property owner is aware that a safety hazard is present on their property, whether it’s a broken walkway, a tree with dead limbs, an unfenced pool, or a dangerous dog, they have a legal duty to take reasonable measures to prevent injuries to anyone lawfully on their property. But does that duty extend to anyone who isn’t lawfully on a property? What is a property owner’s duty of care to trespassers, and when are they liable for damages, like medical expenses?
What Is and Isn’t a Trespasser in Missouri?
Trespassers are those who enter private property without permission from the owner, leaseholder, or renter. According to Missouri § 569.140:
“A person commits the offense of trespass in the first degree if he or she knowingly enters unlawfully or knowingly remains unlawfully in a building or inhabitable structure or upon real property.”
It’s important to note that the law clarifies that the property’s boundaries must be clearly defined to ensure that those entering the property are aware that they are trespassing. Also, property owners should expect that people will approach the front door of their home uninvited, such as delivery and post office workers, solicitors, and neighbors. The property owner is liable for damages to anyone injured while approaching the front walkway or door (curtilage area) of private property for legitimate reasons that do not involve criminal activity.
Missouri courts do not consider young children as trespassers, even if they enter private property without approaching the house from the front area or curtilage. Property owners are typically liable for injuries to a child who suffers harm on their property, particularly if the property includes an “attractive nuisance” like a pool, treehouse, trampoline, or anything else that might attract a child.
Exceptions to a Property Owner’s Protection Against Liability for Trespasser Injuries
Missouri does not allow property owners to use deadly force against a trespasser or deliberately harm them except in self-defense due to a direct threat of physical harm. Property owners may be liable for damages like medical expenses, lost income, and pain and suffering if they intentionally harm the trespasser through “willful or wrongful acts.”
According to Missouri § 537.351., property owners may not “create or maintain” an artificial unsafe condition to cause injury to a trespasser. In other words, property owners are not allowed to create traps to intentionally harm potential trespassers.
When Is a Property Owner Liable for Damages in Trespasser Injuries?
The Missouri premises liability law Missouri § 537.351. states that property owners may be liable for damages to a trespasser if:
“The possessor knew that the condition was likely to cause death or serious bodily harm to trespassers; the possessor knew or should have known that the condition was of such a nature that trespassers would not discover it; and the possessor failed to exercise reasonable care to warn trespassers of the condition and the risk involved, or if the possessor knew of the trespasser’s presence on the land and failed to exercise ordinary care as to active operations carried out on the land.”
According to the above, if a property owner is aware of a trespasser’s frequent presence on their property where a safety hazard exists, they must take reasonable measures to prevent injury to the trespasser by warning them of the hazard or repairing or correcting the problem to prevent injuries.
It’s important to understand your rights and protections under Missouri law whether you are a property owner, or you were injured while on someone else’s property. For legal help, contact a St. Louis personal injury lawyer from Miller & Hine.