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

You might assume that trespassers do not have the right to file a premises liability claim against the property owner. This is not always the case. To learn more about filing a claim as a trespasser in Maryland, continue reading. Reach out to our experienced personal injury attorney for assistance with your legal matters. Give our firm a call today to schedule your initial consultation with our team. We are here to help.

Can a trespasser file a premises liability claim?

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

When does a trespasser have a valid claim?

If the trespasser can prove that there was willful and wanton conduct that led to their injuries and damages, they may have a valid claim. An example of this is when a property owner realized that someone was trespassing on their property and decided to harm them despite the trespasser posing no evidence of being a threat. Another example is when the property owner was aware of the trespasser yet failed to warn the trespasser of any potential safety hazards or threats such as a vicious dog, leading to the trespasser’s injuries. These two scenarios may prompt a valid premises liability claim.

How long will someone have to file a premises liability claim in Maryland?

To file a successful claim, individuals who are injured in an accident must file their claim within the statute of limitations in Maryland. The statute of limitations for premises liability claims is generally three years in Maryland. This time period is important to understand because it means that individuals who have been injured must file their claim within three years of their accident. Failure to file a claim within this time period may result in the individual being permanently time-barred from taking legal action. The sooner you can bring attention to your claim, the better. To get started with this process, reach out to our experienced personal injury attorney today to schedule our initial insulation with our team. Our legal team will work to satisfy the burden of proof to recover the compensation you require to heal. To learn more about our services, give us a call today.


The legal team at Markey & Orsi has proudly represented injured clients throughout the state of Maryland for almost 30 years. If you have been injured due to another party’s negligence and require strong legal representation, contact Markey & Orsi today to schedule a consultation.

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