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Duty Owed to Discovered Trespassers

Posted by attorney Robert Sunner

A "discovered trespasser" is a person who enters property without an express or implied invitation, and whose actual physical presence was detected within 24 hours preceding the accident. To avoid liability to discovered trespassers, a landowner must refrain from gross negligence or intentional misconduct that proximately causes injury, and must warn of dangerous conditions that are known but that are not readily observable by others.

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