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If a trespasser gets hurt on your property in Louisiana, you are not responsible for their injuries. However, you may be held responsible if your actions were intentional or showed a serious lack of care. Special rules may also apply when a child enters your property and gets hurt.
A trespasser can file a lawsuit, but getting hurt on someone else’s property does not automatically mean they will receive money for their injuries.
If you’re dealing with a property injury claim, New Orleans personal injury attorneys can help you understand your rights under Louisiana law.
This guide explains when a property owner may be held responsible, how the law treats trespassing children, and what an injured person may be able to claim.
Understanding Trespasser Status in Louisiana
A trespasser is someone who enters or stays on private property without permission or a legal right to be there. For example, someone may enter a fenced yard, an empty building, vacant land, or a restricted business area without permission.
Louisiana law also considers the property owner’s legal duties. The rules that apply to a trespasser may differ from those that apply to a customer, tenant, or invited guest. These differences can affect whether the owner is responsible for an injury.
For more details, see Louisiana’s premises liability rules.
What Duty Do Louisiana Property Owners Owe Trespassers?
Under Louisiana Revised Statutes § 14:63(H), property owners are protected from many claims made by people who enter without permission.
But this protection has limits. An owner may have to pay for an injury if they deliberately caused it or showed a serious lack of care.
Louisiana Civil Code Articles 2315 and 2317.1 also cover injuries caused by careless actions or unsafe property. The special rules under the trespassing law must also be considered.
When Can a Property Owner Be Held Liable?
Some situations raise more serious legal concerns than an ordinary slip, trip, or fall.
Examples include:
- Deliberate harm: The owner intentionally harms someone or acts recklessly.
- Known dangers: The owner knows about a serious hazard but fails to take reasonable steps when the law requires it.
- Repeated trespassing: People often enter the property without permission, making certain risks easier to foresee.
- Hidden hazards: The property has dangers such as exposed wires, open pits, or unsafe structures.
For example, an unsecured construction area may expose someone to dangerous equipment or open holes.
Still, a hazard alone does not prove the owner is liable. The facts must show that the owner breached a legal duty and that this caused the injury.
What If a Child Gets Hurt While Trespassing?
A child may enter a property without knowing the danger. Louisiana law may give them extra protection if something dangerous, such as an open swimming pool or abandoned equipment, draws them onto private property. This is called the attractive nuisance rule.
Courts may consider the child’s age, the seriousness of the danger, and whether the owner could have taken steps to keep children safe.
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What If Someone Gets Hurt on Empty or Abandoned Property?
Empty lots and abandoned buildings can have dangers such as broken stairs, weak floors, exposed wires, and open holes. New Orleans has rules that require owners to keep vacant land and buildings clean, safe, and secure.
You can read the rules in Section 26-156 of the New Orleans Code of Ordinances. Owners who fail to follow these rules may face penalties.
A separate injury claim still requires proof that the owner’s conduct meets the legal standard applicable to the injured person.
Legal Defenses Available to Property Owners
A property owner can use several defenses against a trespasser injury claim:
- Unauthorized entry: The person entered the property without permission or a legal right to be there.
- No gross negligence or intentional harm: The owner’s actions did not meet either standard under Louisiana trespass law.
- No link to the injury: The owner’s actions did not cause the accident.
- Comparative fault: The injured person also contributed to their injuries.
Evidence can help support these defenses. Security footage, warning signs, maintenance records, and witness statements may show what happened.
How Does Comparative Fault Affect a Trespasser Injury Claim?
Sometimes, more than one person is to blame for an accident. Louisiana law considers this when deciding whether someone can recover damages for their injuries.
Under Louisiana Civil Code Article 2323, a new rule took effect on January 1, 2026.
For accidents covered by this rule, a person who is 51% or more at fault cannot receive damages. If they are 50% or less at fault, their payment is reduced by their share of the blame.
For example, if someone’s damages total $20,000 and they are 30% at fault, they could receive $14,000.
Different rules may apply if someone deliberately caused the injury or if the accident happened before January 1, 2026.
What Should You Do if a Trespasser Is Injured on Your Property?
If someone gets hurt on your property, take these steps:
- Get medical help. Call emergency services if the person needs urgent care.
- Take photos. Photograph the area and anything that may have caused the injury.
- Save the evidence. Keep security videos, repair records, and messages about the incident.
- Call your insurance company. Report what happened and give accurate details.
- Speak with a lawyer. Get advice before agreeing to pay a claim or making statements about who was at fault.
Do not throw away records or change things that may help show what happened
Frequently Asked Questions
What compensation can I expect for injuries sustained on someone else’s property?
Compensation may cover medical bills, lost wages, and pain and suffering if the property owner is legally responsible.
Am I responsible if a trespasser gets hurt on my property?
Louisiana law limits liability to injuries caused by intentional acts or gross negligence, subject to applicable exceptions.
If someone trespasses on my property and gets hurt, am I liable?
An injury alone does not establish liability. The owner’s conduct and circumstances determine legal responsibility.
Can someone sue you if they get hurt on your property while trespassing?
A trespasser can file a lawsuit but must prove the property owner is legally responsible for the injury.
Speak With a New Orleans Personal Injury Attorney
Trespasser injury disputes can raise difficult questions about property rights, safety duties, and responsibility for an accident.
If you were injured on someone else’s property or are dealing with an injury claim, Alvendia, Kelly & Demarest Law Firm can review the circumstances and explain your legal options.
Request a free consultation to discuss your situation.
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In 2003, after being dissatisfied with the quality of legal care for victims of car accidents, Roderick ‘Rico’ Alvendia sought to establish a new firm focused on providing high-quality legal services to aid injured victims and their families. J. Bart Kelly, sharing Rico’s passion for upholding justice, joined the firm later that year, and established a partnership.
