Personal injury – (248) 588-3333 – Intentional injuries – Trespass
.
.
What is trespass?
A nonconsensual physical invasion of the plaintiff’s land or the interference with their personal property. The defendant must be aware that they are trespassing. If both of these things are proven, then the plaintiff can sue for any damages that result from the trespass.
Can you trespass without physically entering onto the land?
Yes, you can. The “invasion” involved in trespass can also take the form of flooding or out of control fires. If the entity invading the land is non-physical, such as loud noises or concussive explosions, then it is typically treated as a nuisance rather than a trespass.
Does trespass only apply to ground level/surface land?
No, trespass can also include invasions from underground (tunneling) or above the land as well.
Can you accidentally trespass on land?
Yes, you can. Knowledge that you are trespassing is not a requirement to be sued for trespass. The only requirement is that you voluntarily and intentionally entered the land in question, even if you didn’t know.
Is an uninvited entry onto land always a trespass?
No, sometimes a person has a legal privilege to be present on the land without the landowner’s consent.
Legal privileges include:
- Necessity: entry onto the property is reasonably necessary to avoid damage or injury resulting from a natural or artificial source. The injury/damage being avoided must be greater than the harm that will be caused by trespassing on another’s land. Necessity can either be public (for the benefit of the public) or private (for the benefit of a small number of people). If the necessity is private, then the intruder must pay for any damage caused (although they will be otherwise protected from other liability).
- Recapture of Chattels (personal property): If someone else’s personal property accidentally or wrongfully ends up on your property, they are legally allowed to go onto your property to retrieve it (like the baseball in Sandlot). However, the owner of the “chattel” must give notice to the property owner and make a request for the return of the item(s) in question. If the landowner refuses to return it, then you may enter. If the landowner did not wrongfully place the item(s) on their land, then the one entering to retrieve the item(s) is liable for any damage caused to the land. If it is your fault that the item(s) are on the other person’s land, then you have no privilege to enter and must resort to legal process to get your property back.
- Privilege of arrest: A police officer or a private citizen may enter another person’s property without a warrant in order to arrest someone on that property. The officer can still be sued for any misconduct on the property or against the person being arrested. If a citizen makes a felony arrest, then they can be held liable if the arrested person did not actually commit a felony.
Of these privileges to enter land, each of them is also a defense against a personal injury lawsuit.
Can you be sued for trespass even if you don’t cause any actual damage?
Yes. Unlike negligence lawsuits, damages for intentional injuries are assumed if the act in question is proven. The absence of any actual damage will minimize whatever you are ultimately required to pay, but you will still be liable for trespass.
Can I use force against a trespasser?
Yes, if you do it properly. You may use a reasonable amount of force to prevent someone from causing damage (or trespassing) on your property. However, you are required to give a verbal warning to cease and desist unless it would be pointless or dangerous to do so. Furthermore, once the damage has already been inflicted, you cannot attack the intruder/vandal after the fact. If the intruder has stolen personal property, then the trespass is still ongoing while you are in hot pursuit, and you will have a defense in court for all properly conducted uses of force.
You may not use force if the so called “trespasser” has a legal privilege to be on your land (see list of legal privileges above).
.
.
Click link to schedule a free case evaluation:
https://app.acuityscheduling.com/schedule.php?owner=17105687&appointmentType=13607154
For more information visit our website: https://www.akivagoldman.com/
You can give us a call for a FREE phone consultation at (248) 588-3333
For additional information please click here: https://www.akivagoldman.com/michigan-personal-injury-attorney/
#MichiganAttorneys #MichiganInjuryLawyers #BoatingAccident #PersonalInjuryLawyer #GoldmanAndAssociates #OaklandCounty #WayneCounty #MacombCounty #PersonalInjury