What Happens If a Trespasser Gets Hurt on Your Property in Louisiana?

It’s a situation most property owners never expect: someone trespasses onto your property, gets hurt, and then blames you for it. While it might seem unfair, the truth is that Louisiana law has particular rules about when and how injuries, including those caused by trespassers, can be attributed to a property owner.

If you’re wondering about your liability or rights after such an incident, this guide explains everything clearly.

Who Counts as a Trespasser in Louisiana?

Under Louisiana premises liability law, a trespasser is anyone who enters another person’s land without permission—this includes private homes, commercial property, vacant lots, and even abandoned structures.

Trespassers are different from:

• Invitees (like customers in a store),
• Licensees (like guests at a party), and
• Authorized visitors (like service professionals, with your consent).

Trespassing is an unlawful act, but surprisingly, that doesn’t automatically eliminate all legal responsibilities for the property owner.

Do Property Owners Owe Trespassers Any Duty of Care?

Generally, Louisiana law says that property owners do not owe trespassers a duty of care. That means you don’t have to maintain a safe environment for someone who wasn’t supposed to be there in the first place.

In Louisiana, landowners are generally not liable for injuries to trespassers unless their conduct was willful, wanton, or grossly negligent. — Louisiana Civil Code Article 2315

However, there are critical exceptions where you could be liable.

When You Could Be Held Responsible

You might be found liable if:

• You intentionally harmed the trespasser.
• You knew someone frequently trespassed and failed to fix a known hazard.
• You had a dangerous condition on your property that you knew about, and you failed to act.
• The trespasser was a child, and the property featured something dangerous yet attractive (like a swimming pool).

These cases are fact-intensive, meaning courts look at the exact details to determine liability.

What Is the Attractive Nuisance Doctrine?

Children don’t always understand the dangers they’re exposed to. The attractive nuisance doctrine addresses this problem by holding landowners responsible if a child is injured by a hazard that would naturally attract kids, such as:

• Abandoned vehicles
• Unfenced swimming pools
• Open construction pits
• Old machinery or farm equipment

The attractive nuisance doctrine may override traditional protections against liability when children are involved, particularly if the property contains inherently dangerous features that are likely to attract them. — Restatement (Second) of Torts § 339

Louisiana courts will look at whether:

• The owner knew children were likely to trespass.
• The condition posed a serious risk.
• The child didn’t understand the danger.
• Fixing or securing the hazard was reasonable.

If all these elements are true, the property owner might be held liable even if the child was trespassing.

Responsibility for Vacant Lots or Abandoned Buildings

You might assume a vacant lot or abandoned structure frees you from liability. That’s not always the case.

If your property has obvious dangers like broken stairs, open wells, or exposed wiring, and someone is injured, you could face a lawsuit if:

• You knew or should have known about the hazard.
• You failed to secure or maintain the property.
• The danger was visible from a public area (e.g., sidewalk or adjacent lot).

Negligent property maintenance can create liability—even in vacant properties-if hazards are left in a way that invites foreseeable harm. — New Orleans Municipal Code Sec. 26-146

In New Orleans, municipal codes also require owners of vacant or blighted properties to maintain them in a safe condition. Failure to do so can result in civil liability and fines from the city.

Trespasser Liability Scenarios: A Comparison Trespasser Liability Overview in Louisiana

Legal Defenses for Property Owners

Louisiana law also provides several defenses for property owners accused of negligence:

• No Duty Owed: You may assert that no duty of care was owed to the trespasser.
• Lack of Knowledge: If you weren’t aware of the hazard, and it wasn’t obvious, your liability may be reduced or eliminated.
• Comparative Fault: Louisiana uses a comparative fault system, which means the trespasser’s actions can reduce their recovery.
• Assumption of Risk: Trespassers may be deemed to have accepted the risks associated with entering someone’s property unlawfully.

Even when liability exists, Louisiana’s comparative fault rule may reduce compensation in proportion to the trespasser’s negligence. — Louisiana Civil Code Article 2323

Can a Trespasser Actually Sue?

Yes, under limited circumstances, a trespasser can sue the property owner. However, these cases are challenging to win and require strong evidence of negligence, intent, or gross recklessness on the part of the property owner.

Negligence alone isn’t always enough. The plaintiff must often show that the owner failed to act even after knowing about a serious risk.

The burden of proof is on the injured party to establish:

• The landowner knew about the hazard.
• The hazard was not obvious or marked.
• The hazard posed a serious and unreasonable risk.
• The landowner failed to take reasonable steps to address it.

FAQs

Am I legally responsible if a trespasser is injured on my property in Louisiana?

In most cases, you are not liable unless your actions were intentionally harmful or grossly negligent. Louisiana law limits the Duty owed to trespassers.

What is the attractive nuisance doctrine, and how does it apply in Louisiana?

This doctrine holds property owners accountable if children are injured by hazardous, enticing objects (like pools or old appliances) on their land, even if the children were trespassing.

Can someone sue if they got hurt while trespassing in my abandoned building or vacant lot?

They may try, but to succeed, they must prove that the property owner knew about the danger and failed to act despite it being foreseeable.

What if I didn’t know anyone was on my property?

Generally, you’re not liable unless there was a known danger that was concealed or maintained negligently in a way that created unreasonable risk.

Is it legal to post “No Trespassing” signs, and will it protect me from liability?

Yes. Posting signs helps reduce liability by clearly warning unauthorized persons and may strengthen a legal defense if an injury occurs.

Conclusion: Know Where You Stand as a Property Owner

Trespasser injuries can lead to confusing and legally complex situations. In Louisiana, property owners are usually not liable, but certain factors, like child trespassers, attractive nuisances, or neglected hazards, can change that. Each case depends on the facts, the property condition, and the trespasser’s actions.

If someone has been hurt on your property—or if you’ve been injured while on someone else’s land—it’s wise to understand your rights and obligations.

The experienced team at Alvendia, Kelly & Demarest can assist you in evaluating your legal status and deciding on your best course of action. Contact us today for a free consultation.