Law Dictionary

trespasser

noun tres·pass·er \ˈtres-ˌpa-sər, -pə-\

Legal Definition of trespasser

  1. :  one who trespasses; especially :  one who enters or remains on the real property of another wrongfully or without the owner's or possessor's authority or consent — compare invitee, licensee

Additional Notes on trespasser

The general rule is that the owner or possessor of real property has the duty merely to refrain from willfully, wantonly, or recklessly injuring a trespasser whose presence is known. This rule is usually applied to licensees as well, although a licensee is usually owed a higher degree of care when an entrance fee is charged or when active operations (as of machinery) are taking place on the property.


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