What Duty Do I Owe To A Trespasser In Alabama?

Both common law and Alabama statutory law impose a duty on landowners and business owners. These people who are in positions of relative power are required to exercise a ‘reasonable’ level of care toward the people who visit their property, but what constitutes ‘reasonable’ care varies depending on the status of the visitor. The lowest duty of care is owed to a trespasser, but this does not mean that a property owner can treat them with recklessness or malice.

The concept of owing a ‘reasonable’ level of care toward visitors is known as premises liability, and if you have been injured on someone else’s premises, or if someone has been injured on your land, a Birmingham premises liability attorney from Goldasich, Vick & Fulk may be able to assist. We are ready and willing to help ensure that all parties’ rights are respected.

Three Groups Of Visitors

Alabama premises liability law recognizes three types of visitors to another person’s land or business. Invitees are owed the highest duty of care, requiring a landowner to maintain the property in as safe a condition as possible, and to warn of any potential dangers not obvious to these visitors. Licensees are owed the middle duty, in which a landowner must correct the dangers of which they are aware, but cannot be held liable for dangers they could not have known.

Trespassers are the third group of visitors. While an invitee has an express invitation to visit a person’s premises, and a licensee may visit for their own purposes, a trespasser has no right to be present on the land at all. Thus, a landlord is not required to make their property safe for a trespasser; rather, the only duty required in this situation is to refrain from “intentional or reckless” conduct toward them; that is, not to injure them deliberately.

Adult vs Child

Alabama has a statute, adopted expressly to differentiate it from the common law surrounding premises liability, that details the specific duties owed to adult and child trespassers. A landowner is only required to refrain from injuring a trespasser at common law, but Alabama’s statute also requires that they warn a trespasser if the person is in immediate peril (though it also grants the right to use force to prevent or terminate a trespass!).

When it comes to potential child trespassers, however, Alabama sticks much closer to the common law. Because children are less likely to be aware of trespassing or any potential dangers on land, a landowner can be held liable for any injuries or fatalities that result if the landowner fails to take adequate precautions (such as placing signs or barriers).

We Are Here To Help

The law of premises liability can be confusing for the average person. A Birmingham premises liability attorney from Goldasich, Vick & Fulk can help to clarify matters, and if trespassing is an issue, we can ensure that everyone’s perspective is heard and honored. Contact our office today at (205) 731-2566 to schedule a consultation.