Ask a Lawyer - Archive

My husband and I have a home in Pennsylvania on 1.2 acres of lakefront property (we own it) on a large private lake with about 40 other homes. Question: Do we have any liability should someone trespass on our property to gain access to the lake and then be injured/killed (either children or adult)?

Thanks

I am a lawyer in Texas, so the law may be different in your state. However, generally, premise liability claims depend on the status of the person injured. In your questions, the "trespasser" would be owed the lowest duty. As the property owner, you would be liable to a trespasser if you acted willfully, wantonly, or with gross negligence. You should also be aware of other concepts as attractive nuisance (when children are involved) as well as the tolerated trespasser whose status can be upgraded to that of a licensee.

I suggest you contact a lawyer in your area to discuss your concerns to protect yourself from potential liability as well as avoiding injury to others.

Daniel B. Ross
Ross Law Group
Austin Personal Injury Lawyer