Whether you own a business or a home, you likely take steps to protect your property from unwanted entry. But what happens if someone trespasses on your property and gets hurt? You might be worried about being held legally responsible for the trespasser’s injuries. In British Columbia, the answer depends on the circumstances. The Trespass Act and Occupiers’ Liability Act set clear rules about unauthorized entry and the duty of care owed to trespassers.
What Is Considered Trespassing In British Columbia?
In short, trespassing occurs when someone enters or remains on private property without permission. Under the Trespass Act, this includes:
- Entering enclosed land, like a fenced-in area or property with clear signage, without authorization.
- Staying on the property after being told to leave by the owner or someone acting on behalf of the owner.
- Continuing a prohibited activity, such as unlawful protesting, hunting, or loitering, after being instructed to stop.
- Refusing to leave while engaging in illegal activity on the property, including vandalism and theft.
If a person engages in any of these behaviours, they are technically committing an offence under Section 2 of the Trespass Act. The individual could also be arrested and face fines or jail time. If the trespasser damaged property, a court may order them to compensate the owner.
What Happens If Someone Gets Hurt While Trespassing?
In BC, property owners are usually not liable if someone gets hurt while trespassing. This is especially true in cases where the trespasser committed a crime like a break-in, vandalism, or theft. The law recognizes that people who enter private property unlawfully are not entitled to the same legal protections as guests or customers.
Under the Occupiers’ Liability Act, property owners do owe a duty of care. In normal circumstances, they must take reasonable action to ensure their premises are safe and secure. However, this standard of care is for lawful visitors; the duty of care property owners owe to trespassers is significantly reduced. In the event a trespasser is injured, property owners are typically only liable for injuries if they intentionally cause harm or act with reckless disregard for the trespasser’s safety. More simply put, property owners are not expected to make their property safe for people who aren’t supposed to be there in the first place.
Voluntary assumption of risk is another key doctrine that limits actions trespassers can take against property owners. This principle states that someone who knowingly engages in risky behaviour, such as trespassing on a residential or commercial property, accepts the dangers involved and can’t hold others responsible for resulting injuries.
Additionally, property owners also have the right to protect themselves and their property. However, there are limitations on how much force they can use in these instances. The law permits the use of reasonable force to prevent situations like unlawful entry, personal harm, property damage, or theft. However, using excessive or deadly force solely to protect property is not allowed. If a property owner injures a trespasser by using force that goes beyond what is necessary or proportionate to the situation, they could still be held liable, even if the trespasser was committing an offence at the time.
To protect yourself against liability for injuries to trespassers, it is prudent to put up a “No trespassing” sign.