Premises Liability Claims and Trespassers: What’s The Law?

The way premises liability laws typically work when it comes to commercial properties is that property owners have a responsibility to keep the property as safe as reasonably possible for those with a right to be on the property – for example, employees and customers.

If someone is deemed to be a trespasser, however, that responsibility (also known as a “duty of care”) is significantly lower. For example, if someone climbs over a fence marked with “No Trespassing” signs and steps in a hole or slips on ice, they likely can’t seek compensation for their injuries since they had no right to be there.

Under Michigan law, a property owner “owes no duty of care to a trespasser and is not liable to a trespasser for physical harm caused by the possessor’s failure to exercise reasonable care….”

Of course, there are all kinds of “trespassers.” A person who enters a store after it’s closed to steal is very different from someone who is curious about an empty office space and walks in through an unlocked door to look around. However, neither may have any recourse if they’re injured. 

When Can Property Owners Be Liable for Injuries to Trespassers?

Property owners and others in charge of a property (like renters or leasees) have some duty of care to trespassers. Michigan law says they “may be subject to liability for physical injury or death to a trespasser” if they knew or should have known of a trespasser’s presence and “failed to use ordinary care to prevent injury to the trespasser arising from active negligence.” The same is true if they knew or should have known that “trespassers constantly intrude on a limited area of the land.”

The law also states that property owners may be held liable if they “injured the trespasser by willful and wanton misconduct.” For example, they can’t “booby trap” a property with the intention of injuring trespassers. They also can’t just shoot anyone who sets foot on their property without permission if that person’s not breaking into a structure or threatening harm.

Note that these sections of the law apply to adults. Property owners owe a greater duty of care to children who may be technically trespassing. The law assumes that children may not be able to fully understand the potential risks of trespassing.

If you or a loved one has been injured on a commercial property by a hazardous condition and are facing pushback from a property owner with accusations of trespassing, it’s smart to get legal guidance. This can help you determine your right to compensation under Michigan law.