If my neighbor climbed on my roof without permission, could I have been sued if he was injured?
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If my neighbor climbed on my roof without permission, could I have been sued if he was injured?
My dad heard a sound while in the garage today. When he went outside he found my neighbor on our roof. He said that he climbed up there to reach his child’s toy and didn’t ring our doorbell
because he didn’t want to set off my dogs. If he had fallen, could I have gotten sued?
Asked on February 11, 2018 under Personal Injury, California
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
The owner of the property would have been liable for the neighbor's injuries. The owner of the property is liable when someone is injured on the property even if the injured party is a trespasser.
The property owner's liability would include injured party's medical bills, pain and suffering (an amount in addition to the medical bills) and wage loss.
If the person had been injured, it would have been advisable to refer the matter to your homeowner's insurance carrier. If the case is settled with the homeowner's insurance carrier, NO lawsuit is filed. If the case is NOT settled, then a lawsuit would have been filed against you based on premises liability. Your homeowner's insurance carrier would have provided you with an attorney at no cost to represent you.
If there are future incidents with the neighbor entering your property without consent or legal privilege, you could sue him for trespass.
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