Partner at AKD Lawyers
Practice Areas: Insurance Claims
Accidents on private property can be confusing, especially when the person injured was never supposed to be there. Louisiana has unique rules that outline when a property owner may be responsible and when they are not. This guide breaks down those rules in a clear and simple way so homeowners and property owners understand where they stand.
Louisiana law generally imposes no duty of care toward trespassers unless the property owner engages in willful, wanton, or reckless conduct.
Let’s walk through how Louisiana defines trespassers, what duties apply, and the limited situations where a landowner could still face liability.
Understanding Trespasser Status in Louisiana
A trespasser is anyone who enters land without permission. This applies to private homes, commercial buildings, vacant land, abandoned structures, or fenced areas. Trespassers are different from invitees, licensees, and authorized visitors because owners do not consent to their presence.
Louisiana premises liability depends heavily on how a person came onto the property. Identifying someone as a trespasser helps determine what responsibility, if any, the owner has toward them.
Although trespassing is unlawful, Louisiana law still outlines specific rules for injuries involving trespassers. If you are unsure how Louisiana’s premises liability rules apply to your situation, speaking with experienced new orleans personal injury attorneys can help you understand your options and the factors that may influence a trespasser injury claim.
What Duty Do Louisiana Property Owners Owe Trespassers?
Louisiana’s general rule is simple: property owners owe no duty to keep the premises safe for trespassers. However, owners cannot intentionally harm anyone on their land.
The law looks at the owner’s actions, the property conditions, and whether the danger was something the owner knowingly ignored.
Under Louisiana Civil Code Article 2323, a trespasser’s own fault may reduce or eliminate any potential recovery through comparative fault principles.
Louisiana Civil Code Article 2315 forms the foundation for general negligence. It recognizes that in certain situations, property conditions or hazards can create limited duties even when trespassers are involved. Courts focus on foreseeability, the severity of the danger, and whether the property owner acted reasonably.
When a Property Owner Could Be Held Liable
Although liability is rare, there are situations where a property owner might be responsible if a trespasser gets hurt. These situations usually involve known hazards or behavior that goes beyond simple negligence.
A landowner may face liability if:
- A hazardous condition was known and ignored.
- Trespassers frequently entered the property and the risks were foreseeable.
Other scenarios include hidden dangers, unsecured construction areas, exposed wiring, or deep holes that are not visible. Liability can also arise when owners fail to take basic steps to secure dangerous items like machinery, abandoned vehicles, or unsafe structures.
Louisiana courts look closely at whether the hazard was serious, whether the risk was foreseeable, and whether the owner knew people were entering the area.
How the Attractive Nuisance Rule Applies to Child Trespassers
Children are treated differently under Louisiana law because they may not understand the dangers around them. Items that draw children onto a property can create special responsibilities for landowners.
Swimming pools, old appliances, trampolines, abandoned cars, and construction pits are common examples.
The attractive nuisance doctrine recognizes that certain hazards can draw children onto a property and may create special responsibilities for landowners.
Louisiana courts consider several factors:
- Whether the owner knew or should have known children might trespass
- Whether the hazard posed a serious risk
- Whether the child understood the danger
- Whether the owner could have reasonably secured the hazard
If these factors apply, a property owner may be responsible even if the child was trespassing.
Are Property Owners Responsible for Injuries on Vacant or Abandoned Land?
Vacant land and abandoned structures often contain serious dangers such as broken flooring, unstable stairs, open wells, or unsecured debris. Louisiana law does not automatically exempt owners of vacant property from responsibility. New Orleans requires owners of neglected or blighted lots to keep them reasonably safe and prevent foreseeable dangers.
New Orleans Municipal Code Sec. 26-146 requires owners of vacant or blighted properties to maintain them in safe condition to prevent foreseeable harm.
If a property contains dangerous, hidden conditions and the owner knew or should have known about them, liability may arise. Courts consider whether the hazard was obvious, whether the area was secured, and whether the danger could have been discovered through reasonable inspections.
Legal Defenses Available to Property Owners
Property owners have several defenses available in trespasser injury cases. These defenses often determine whether a claim succeeds:
- No duty owed because the person was unlawfully on the property
- Lack of knowledge of the hazard
- The trespasser knowingly accepted the risk
- Comparative fault reducing or eliminating any recovery
Trespasser claims are uncommon and require strong proof. Courts examine the specific facts, property condition, and the actions of both the owner and the trespasser involved.
Trespasser Liability Overview in Louisiana
|
Trespasser Type |
Duty of Care Owed | Potential Liability |
Key Factors Courts Consider |
| Adult Trespasser | No duty except avoiding intentional harm | Rare and limited | Owner knowledge of hazard, foreseeability |
| Child Trespasser | Duty under attractive nuisance | Possible depending on hazard | Type of hazard, security measures, foreseeability |
| Known Trespasser | Limited duty to warn of hidden dangers | Possible | Prior incidents, owner awareness |
| Trespasser on Vacant Property | Duty if hazard foreseeable or violates municipal code | Possible | Condition of property, code compliance |
How Courts Review Trespasser Injury Cases in Louisiana
These cases are evaluated based on the specific details. Courts look at property conditions, owner awareness, whether people frequently entered the area, and how dangerous the hazard was.
Trespasser claims often depend on whether the hazard was avoidable or whether the owner acted reasonably under the circumstances.
Trespasser claims are rare and typically succeed only when a landowner knew of a dangerous condition and failed to take reasonable steps to secure or repair it.
Frequently Asked Questions
Are property owners usually liable if a trespasser is injured in Louisiana?
Liability is uncommon unless the owner behaved recklessly or ignored a serious hidden hazard.
What hazards often lead to trespasser injury disputes?
Common hazards include unsafe structures, open wells, old equipment, unstable stairs, or exposed wiring.
Does the attractive nuisance doctrine apply in Louisiana?
Yes, especially when a child is harmed by hazards like pools, machinery, or construction areas.
Can a trespasser sue if injured on a vacant lot or abandoned building?
They can file a claim but must prove the owner knew of the danger and failed to take reasonable action.
How does comparative fault affect trespasser claims?
A court may reduce or eliminate compensation if the trespasser shares responsibility for the incident.
Conclusion
Trespasser injuries raise complicated questions for Louisiana property owners. While the general rule is that owners owe little or no duty to people who enter without permission, exceptions exist when hazards are serious, foreseeable, or likely to attract children. Understanding how liability works can help you maintain safe property conditions and avoid disputes.
If you are dealing with a situation involving an injury on your property or need help understanding your rights, the team at Alvendia, Kelly & Demarest can review the details and offer guidance. You can request a free consultation to discuss your situation in more detail.
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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.
