If a Trespasser is Injured, Can They File a Premises Liability Claim?

Many individuals might assume that if someone is trespassing on another person’s property, that the trespasser has no right to take legal action against the individual if they are injured on their property. However, this is not always the case. Continue reading to learn more about whether you have a valid claim as a trespasser after sustaining injuries in an accident on another person’s property. Contact our experienced personal injury attorney for assistance with your claim, should you chose to take legal action.

Can a trespasser file a premises liability claim?

If a trespasser is injured while trespassing on another person’s property, they generally do not have the right to file a premises liability claim. However, there are certain circumstances that warrant those injured while trespassing to have the right to sue for wrongfully sustained injuries.

When does a trespasser have a valid personal injury claim?

There are a few circumstances that may give a trespasser the right to file a premises liability claim. If the trespasser can prove that there was willful and wanton conduct that led to their injury, they may have a valid claim. For example, a property owner who realized that someone was trespassing on their property and decided to harm them despite the fact that they posed no evidence of being a threat may prompt a claim. Another example that may prompt a valid premises liability claim is when the property owner was aware of the trespassing yet failed to warn the trespasser of any potential safety hazards or threats such as a vicious dog, which led to injuries being sustained as a result of a failure to warn.

How long will someone have to file a premises liability claim in Washington D.C.?

Individuals who are injured in an accident must file their personal injury claim within the statute of limitations. The statute of limitations for premises liability claims in Washington D.C. is three years. This means that individuals who have been injured must file their claim within three years of their accident to avoid being permanently barred from suing. The sooner you can bring attention to your claim, the better. T0 begin this process as soon as possible, do not hesitate to reach out to our experienced personal injury firm today to discuss our services and to learn how we can assist you with your claim. If you have any additional questions regarding this process, our firm is here to help. Give us a call today to schedule your initial consultation.


The experienced personal injury and medical malpractice attorneys at Trombly & Singer, PLLC are prepared to represent clients facing legal matters after being injured due to another person’s negligence. If you require strong legal representation in Washington D.C. or Maryland, contact our firm today to schedule a consultation.