Personal injury law typically hinges on the concept of negligence—that someone failed to act with reasonable care and caused harm as a result. But what happens if you’re injured while on someone else’s property without permission? Can you still sue for damages in Idaho if you were trespassing?
It’s a complex question that blends elements of property law, tort law, and Idaho’s specific legal framework. While trespassers don’t enjoy the same rights as invited guests, Idaho law doesn’t give property owners unlimited immunity. There are situations where a trespasser can pursue compensation, depending on the circumstances of the injury and the conduct of the property owner.
This post explores what Idaho law says about trespassers and personal injury claims, and when it may still be possible to sue—even if you weren’t legally supposed to be there.
Understanding Premises Liability and Legal Status
Idaho’s premises liability laws categorize people who enter property into three main groups:
- Invitees – Individuals invited for a business purpose (e.g., a customer in a store).
- Licensees – Social guests or individuals with permission to be there.
- Trespassers – Individuals on the property without permission.
The duty of care a property owner owes depends on which category a person falls into. For trespassers, the standard of care is lower, but not zero.
General Rule: Limited Duty to Trespassers
Under Idaho law, property owners typically owe no duty to protect trespassers from dangerous conditions. In other words, if you are trespassing and you’re hurt by something like a broken stair, an uneven path, or a hole in the ground, you generally cannot sue the property owner.
However, there are important exceptions to this general rule—circumstances where a property owner can be held liable for a trespasser’s injuries.
Exception 1: Willful or Wanton Conduct
Even if you are trespassing, Idaho law does not give property owners the right to intentionally harm you. If the property owner willfully or wantonly causes injury, you may have a valid claim.
Examples might include:
- Setting traps, like concealed pits or tripwires
- Using excessive force in self-defense
- Chasing someone off the property in a reckless manner (e.g., shooting at an unarmed trespasser)
In these cases, the court may find that the property owner acted with gross negligence or intent to harm, which is not protected behavior under Idaho law.
Exception 2: Known Trespassers and Dangerous Conditions
Idaho courts have recognized a duty to warn known trespassers of dangerous artificial conditions that could cause serious harm or death.
This applies when:
The landowner is aware that people frequently trespass in a certain area (e.g., kids cutting through a yard).
There is a hidden danger (like an electric fence or toxic chemicals).
The landowner knows about both the trespassers and the hazard, but does not take steps to warn them or secure the area.
For example, if a landowner in Boise knows that neighborhood kids frequently cut through their property on the way to school, and there’s an old, unstable shed with exposed nails and rotting floors, they may have a duty to secure or warn about the hazard—even if the kids are technically trespassing.
Exception 3: The “Attractive Nuisance” Doctrine (for Children)
In Idaho, the attractive nuisance doctrine is a special legal rule that applies to children. Property owners may be liable for injuries to child trespassers if:
- There’s a dangerous condition or object (like a swimming pool, trampoline, or abandoned machinery).
- The condition is likely to attract children who don’t understand the risks.
- The owner knew or should have known that the condition posed a risk.
- The burden of eliminating the hazard is minor compared to the risk of harm.
This doctrine reflects the understanding that children are not able to recognize or avoid certain dangers, and that property owners should anticipate the risk when conditions on their property are likely to lure them in.
Exception 4: Recreational Use on Public or Private Land
Idaho has a Recreational Use Statute (Idaho Code § 36-1604) that protects landowners who open their property for public recreational use without charging a fee. However, it also creates gray areas in trespassing injury cases.
If someone is using land for activities like hiking, biking, fishing, or camping—even without express permission—liability may depend on whether the landowner took reasonable steps to warn of dangers. The statute is intended to encourage landowners to open land for recreation, but it doesn’t give blanket immunity if there’s clear negligence or willful misconduct.
Comparative Fault Still Applies
If a trespasser does file a lawsuit in Idaho and meets one of the exceptions above, comparative fault rules will still apply. Idaho’s modified comparative negligence standard (Idaho Code § 6-801) means:
- If the injured person is 50% or more at fault for their injuries, they cannot recover anything.
- If the injured person is less than 50% at fault, their recovery will be reduced by their percentage of fault.
This means a jury could find that a trespasser was partly responsible for their injury but still award reduced compensation—if, for example, the landowner’s conduct was found reckless.
Practical Advice
If you’ve been injured while on someone else’s property in Idaho, and you didn’t have permission to be there, the situation is complicated—but not necessarily hopeless. To determine whether you have a valid claim:
- Evaluate whether any of the legal exceptions apply.
- Gather all possible evidence about the incident, the property condition, and the landowner’s knowledge or behavior.
- Consider whether you were a minor or were engaged in recreational use.
- Be honest about your own conduct and possible share of the fault.
Final Thoughts
In Idaho, the fact that you were trespassing doesn’t automatically bar you from recovering damages for a personal injury. The law recognizes that even trespassers deserve protection in certain circumstances—especially when it comes to willful harm, known dangers, and child safety.
The key is whether the property owner acted reasonably or negligently given the situation. If your case meets one of the exceptions under Idaho law, you may have a path forward—despite the complexities involved.
