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Surprising to many homeowners is the fact that a duty is also owed to those without permission to be on the premises. A trespasser is a person who enters the premises of another without express or implied permission of the owner, for the trespasser’s own benefit or amusement. The duty of the owner to a trespasser is not to prepare pitfalls or traps for the trespasser nor to injure the trespasser purposely. Once the owner is aware of the trespasser’s presence or can reasonably anticipate such presence from the circumstances, (evidence of skateboarders in an unfinished swimming pool would fall into this category) then the owner has a duty to exercise ordinary care to avoid injuring the trespasser.

Inside Trespassers