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🚧 '''Trespasser''' in insurance refers to an individual who enters or remains on another party's property without permission or legal right, and whose presence triggers important questions about the property owner's [[Definition:Liability | liability]] exposure and the scope of [[Definition:Premises liability insurance | premises liability]] coverage. Under traditional common law, property owners owed trespassers only the duty to refrain from willful or wanton harm, which significantly limited [[Definition:Liability insurance | liability insurance]] exposure. However, modern legal developments — particularly the doctrine of [[Definition:Attractive nuisance | attractive nuisance]] involving child trespassers and the shift in some jurisdictions toward a general reasonableness standard — have expanded the circumstances under which a [[Definition:Claims | claim]] by a trespasser can succeed against a property owner's policy.

🔎 When a trespasser sustains [[Definition:Bodily injury | bodily injury]] on insured premises, the [[Definition:Claims adjuster | claims adjuster]] must evaluate the incident against the applicable jurisdiction's duty-of-care framework and the specific [[Definition:Policy wording | policy language]]. Most [[Definition:Commercial general liability (CGL) insurance | commercial general liability]] and [[Definition:Homeowners insurance | homeowners]] policies cover [[Definition:Bodily injury | bodily injury]] to third parties occurring on the insured premises without distinguishing between invitees, licensees, and trespassers — meaning the policy may respond even when the injured person was on the property unlawfully. The critical question becomes whether the insured owed a legal duty that was breached. Known or anticipated trespassers — such as individuals who regularly cut across a commercial property — may be owed a higher duty of care than unknown trespassers, particularly regarding concealed hazards. [[Definition:Underwriting | Underwriters]] evaluating properties with frequent unauthorized access, such as vacant buildings, construction sites, or agricultural land, often factor this elevated [[Definition:Exposure | exposure]] into their [[Definition:Risk assessment | risk assessment]].

🏛️ The significance of trespasser-related liability extends beyond individual [[Definition:Claims | claims]] into broader [[Definition:Risk management | risk management]] and [[Definition:Loss control | loss control]] strategy. Property owners can mitigate exposure through fencing, signage, lighting, and security patrols — measures that [[Definition:Loss control | loss control]] consultants regularly recommend and that [[Definition:Underwriting | underwriters]] may require as conditions of coverage. The [[Definition:Attractive nuisance | attractive nuisance]] doctrine is especially relevant for insurers covering properties with swimming pools, abandoned machinery, or other features that might draw curious children; courts have consistently held that property owners bear a heightened responsibility to safeguard against foreseeable child trespassers. For [[Definition:Insurance carrier | carriers]] writing [[Definition:Premises liability insurance | premises liability]], understanding how trespasser law varies by state is essential to accurate [[Definition:Reserving | reserving]] and to properly advising insureds on their legal obligations.

'''Related concepts'''
{{Div col|colwidth=20em}}
* [[Definition:Premises liability insurance]]
* [[Definition:Attractive nuisance]]
* [[Definition:Bodily injury]]
* [[Definition:Commercial general liability (CGL) insurance]]
* [[Definition:Loss control]]
* [[Definition:Duty of care]]
{{Div col end}}

Definition:Trespasser - Revision history

PlumBot: Bot: Creating new article from JSON