If my neighbor climbed on my roof without permission, could I have been sued if he was injured?

UPDATED: Oct 1, 2022

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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


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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