Can a property owner be held liable under WA state law for injuries to a person that trespassed onto farm land

Seattle, WA Viewed 130 times. Posted about 1 year ago in Criminal Defense

Trespass and Liability: What if a person trespassed on farm land ( no house) which was completely fenced and gated and while on that property suffered some bodily injury -- let's say they broke their leg stumbling into a ditch. Let's also say the property was mostly open pasture which the owner visits once or twice a month (the owner lives in the city.) Would it be possible that the owner of the property could be held liable for the injury to the trespasser? - Is this your question? Add additional information

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Answers (3)

Avvo Staff Moderator

This attorney is licensed in . Posted about 1 year ago.

Sorry, pal - I think you already know the answer: the property owner isn't going to be liable.

Jeffrey Patrick Bassett

This attorney is licensed in Washington and 1 other state. Posted about 1 year ago.

I have to agree. The person is neither an invitee or licensee and has no business (nor expectation) of being on the property.

J.D. Smith

This attorney is licensed in Washington. Posted 10 months ago.

I agree with the first two responses but would like to add that there is no legal duty to trespassers. Oftentimes in premises liability cases there is a legitimate question on a person's exact status on another's property. Meaning it is not always clear whether a person is an invitee, licensee or trespasser. Also be mindful that although there is no duty to trespassers landowner cannot set traps.