Trespassing as it Relates to Seeking Compensation for an Injury
When anyone enters, or throws something on a person's property, or building and the person was not invited that person is guilty of trespassing. The landowner or building owner may be entitled to physical damages during a lawsuit. A landowner or building owner may also sue the trespasser in court just to keep the trespasser off of the property, or out of the building.
Landowners are required by law to maintain a safe building, and property. If anyone who was invited, and has permission from the landowner, or building owner to be on the property, or in the building is injured the landowner may be sued by the person who was injured for compensation related to the injuries. That situation falls under the category of premises liability law. However the same is not true for a trespasser. If a trespasser is injured while unlawfully on somebody's property, or in somebody's building the trespasser may not be entitled to compensation resulting from the injuries. However, the landowner, or business owner may be entitled to compensation from the trespasser.
If you are a landowner, or business owner and you find that somebody is trespassing on your property the first thing you should do is consult a personal injury attorney. A personal injury attorney will be able to sit down with you and discuss what your options may be. If your options are that you may sue the trespasser and receive compensation from the trespasser than the attorney might suggest that you may be entitled to compensation from the trespasser while discussing what your options may be. One of your options may be that you are entitled to take the trespasser to court and ask the courts permission to get an injunction against the person who has been trespassing on your property or in your building to refrain from trespassing on your property.
If you take a trespasser to court and you win the court may decide that the trespasser should have criminal charges brought against him, or her. Trespassing is against the law even if there is not a sign posted notifying trespassers that you do not want trespassers on your property, or in your building. So, the court may decide to take the trespasser to court on criminal charges.