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What If Trespassing

Michael Agruss

Written and Reviewed by Michael Agruss

  • Managing Partner and Personal Injury Lawyer at Mike Agruss Law.
  • Over 20 years of experience in Personal Injury.
  • Over 8000+ consumer rights cases settled.
  • Graduated from the University of Illinois Chicago School of Law: Juris Doctor, 2004.

In a premises liability case, only invitees and licensees are permitted to sue the property or business owner for negligence causing their injuries. If you were a trespasser, then you are not entitled to take any legal action against them since you were not permitted there in the first place.

In Illinois, property owners are not liable for any injuries that the trespasser experiences while on their property. They were there without their consent. If a property owner says that you were trespassing, then you will not have a viable case. However, the exception to this general rule is if the trespasser is injured from willful and wanton conduct, otherwise known as intentionally acting with reckless indifference to the consequences. Owners may be liable if they set up “booby traps” or any intentionally dangerous condition or risk on the premises.

They may also be found liable if the owner was engaged in a dangerous activity on the premises, some part of the premises was unreasonably dangerous, or the owner was aware that trespassing is a frequent occurrence for them and has failed to take measures to prevent continued trespassing. These few exceptions can be your response to the property owner claiming that you were trespassing, and your attorney will assist you in fighting back so that you are compensated for your injuries. 

We see you as a person, not just a client – and that makes us better at work we do. We listen. We learn your story. And, as we help you get the money you deserve, we go above and beyond in a way most law firms never could and never would. Because we’re not just lawyers. And you’re not just a client. We’re friends, neighbors, family. We’re all people and here at Mike Agruss Law, we put People, First.

Helping our clients is about counseling, advocating, and ultimately solving problems. With years of experience successfully representing the people, not the powerful, we will take care of the insurance adjusters, your medical bills, your property damage, your lost wages, and monitor your treatment so you can focus on healing and getting your life back to normal. Our unique formula has earned us over 900 outstanding client reviews on our website, an A+ BBB rating, and over 120 five-star reviews on Google. Call 888-572-0176, email us at [email protected], or schedule a meeting with us here. We’re here 24/7.

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