trespass

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trespass

The unlawful interference with someone's personal or property rights. In a lawsuit, the property owner does not need to prove physical damage to the property in order to recover monetary damages,because the damage is to the exclusive ownership and possessory rights of the owner. However,modern courts do require some evidence that the trespass was intentional; older law did not differentiate between intentional and accidental trespass.In many states,the duty of care a property owner has to avoid unsafe conditions that might harm persons coming on the property is much less for a trespasser than for those who are invited.

References in periodicals archive ?
In its report, although the Tucker Committee noted that the shorter limitation period should apply to 'all actions for personal injuries', it also stated that they 'do not include in that category actions for trespass to the person, false imprisonment, malicious prosecution, or defamation of character'.
Now he says the shooting was "trespass to the person" - and has been granted legal aid to seek damages.