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Wisconsin’s categorization of occupiers – Trespassers

Posted on November 18, 2014 11:42 am under Premises Liability

Wisconsin is among the several U.S. states that hold traditional distinction among different property entrants. According to the law, an owner’s duty of care depends whether the occupant is an invitee, a licensee, or a trespasser. Property owners owe a very high duty of care among invitees and licensees. Trespassers, on the other hand, may not enjoy the same benefits.

Wisconsin defines a trespasser as “one who enters another’s premises without an express or implied invitation from the other person, and solely for his own pleasure, advantage or purpose.” In most situations, property owners owe no duty of care to trespassers except if the injury has been willfully or deliberately done by the possessor.

There are cases, however, when an owner is required by law to compensate for the damages the trespasser has sustained. Children who have been attracted to an accessible object or condition of danger, for instance, are covered by an owner’s duty of care.

To learn if you are qualified to file for a premises liability claim, consult with our team of knowledgeable and qualified attorneys at Habush Habush & Rottier S.C. ®. Call our offices in Wisconsin at (414) 271-0900 for a free initial assessment of your case.