Can You Sue for Damages if You’re Injured While Trespassing on Someone’s Property in South Carolina?

Generally speaking, if you get hurt while on someone else’s property, you may be able to recover against the property owner. They have a duty to keep their premises safe and clean for visitors and guests. The last thing any property owner wants to hear is that they may be responsible for injuries suffered by trespassers. It may sound crazy, but even if someone is trespassing, they may still be able to sue for damages. However, there aren’t a lot of situations in which this would be the case. After all, most trespassers would never have the audacity to sue the property owner. Unless their injuries are very serious, they may want to lick their wounds and head on home. But there are times when even though you were trespassing, you were still owed some duty of care.

In a premises liability case, as with almost any other personal injury case, your Greenville injury lawyer will have to prove negligence. This is just the legal term for proving that somebody didn’t behave the way they should have. And, as a result, you were hurt. As long as you can show that the defendant was negligent, you’ll probably be entitled to damages. These damages are meant to compensate you for any out of pocket expenses you suffered.

A gate with a "No Trespassing" sign on it.

This includes things like medical bills, pain, and suffering as well as any lost wages. But, are you entitled to these things if you weren’t supposed to be on the defendant’s property in the first place? The answer is – maybe. You should really talk to an experienced premises liability attorney in Greenville before you decide whether to pursue a legal claim. Believe it or not, depending on the circumstances, you or your child may be entitled to compensation. And an experienced personal injury attorney in South Carolina will fight to get you as much money as possible.

You May Have an Attractive Nuisance Case

One of the most common situations in which a trespasser can sue for damages is an attractive nuisance case. This is when a homeowner or property owner has something on their property that they know is attractive to children. Kids aren’t able to think on the same level as an adult. They don’t realize that they aren’t supposed to go onto other people’s property. This means that, if they see a pool or trampoline, they may be tempted to travel onto someone’s private property. If this happens and they get hurt, they may have a claim for damages. If they’re injured because of a dangerous condition on the defendant’s property, they’ll have medical bills. They may also have pain and suffering. The law allows for children, or their parents, to demand damages in these situations. Your Greenville injury lawyer will still have to prove negligence. That won’t be easy.

These Cases are Not Easy to Win

The truth of the matter is, these cases are hard to prove. In order to recover damages in these cases, you’ll have to show that the defendant should’ve known that people are going to trespass on their property. Some of the common situations in which this happens include:

  • Joggers who often cut through someone’s property
  • Homeowners who have a lot of students trample through their yard on the way to and from school
  • People who park on private property but have been doing so for months or years

Call and Talk to a Personal Injury Lawyer in Greenville, South Carolina

If you were hurt while on someone else’s property in Greenville, you may need an experienced personal injury lawyer. Even if you were trespassing, you may have a claim for damages. It all depends on the circumstances of your case. If you aren’t sure how to proceed, your lawyer in South Carolina can give you some guidance. Call our office and schedule your initial consultation. It won’t cost you a thing and it gives you the peace of mind you need.

The consultation is absolutely free. You can sit down with someone who can answer any questions you may have. They can also give you an idea of what you’re up against, especially if you were a trespasser on the defendant’s property. If your attorney doesn’t think you have a valid case, they’ll let you know. The last thing they’ll want to do is waste their time or your time. And, if you do win or settle your case, you don’t have to pay your attorney until your case is resolved.