- Statutory Text
- Plain English Explanation
- Frequently Asked Questions About NRS 41.515
- Can I be sued if a trespasser gets hurt on my property in Nevada?
- What is the attractive nuisance doctrine in Nevada?
- What happens if I find a trespasser on my property and they are in danger?
- Does a "No Trespassing" sign protect me from lawsuits in Nevada?
- Are squatters considered trespassers under Nevada law?
Statutory Text
1. Except as otherwise provided in this section, an owner of any estate or interest in any premises, or a lessee or an occupant of any premises, owes no duty of care to a trespasser and is not liable to a trespasser for physical harm caused by the failure to exercise reasonable care to put the premises in a condition that is reasonably safe for the entry or use by a trespasser or to carry on activities on the premises so as not to endanger a trespasser.
2. An owner, lessee or occupant of premises may be subject to liability for harm to a trespasser if:
(a) The owner, lessee or occupant willfully or wantonly causes harm to the trespasser;
(b) The owner, lessee or occupant fails to exercise reasonable care to prevent harm to the trespasser after discovering the trespasser’s presence in a place of danger on the premises; or
(c) The trespasser is a child who is injured by an artificial condition on the premises and:
(1) The place where the condition exists is one on which the owner, lessee or occupant knows or has reason to know that a child is likely to trespass;
(2) The condition is one that the owner, lessee or occupant knows or has reason to know and that the owner, lessee or occupant realizes or should realize involves an unreasonable risk of death or serious bodily harm to a trespassing child;
(3) The trespassing child, because of his or her youth, does not discover the condition or realize the risk involved in the condition or coming within the area made dangerous by it;
(4) The utility to the owner, lessee or occupant of maintaining the condition and the burden of eliminating the danger are slight as compared with the risk to the trespassing child; and
(5) The owner, lessee or occupant fails to exercise reasonable care to eliminate the danger or to otherwise protect the trespassing child from harm.
3. This section does not affect any immunity from or defenses to civil liability established by specific statute or available at common law to which an owner, lessee or occupant may be entitled.
4. As used in this section, “trespasser” means any person who enters or remains upon any premises owned, leased or occupied by another person without the express or implied consent of the owner, lessee or occupant of the premises.
(Added to NRS by 2015, 1526)
NV Rev Stat § 41.515 – Last Verified February 2026
Plain English Explanation
In Nevada, if someone enters your property without your permission, they are considered a trespasser. Under NRS 41.515, property owners, renters, and occupants generally do not have a legal duty to keep their property safe for trespassers. So if someone sneaks onto your land and gets hurt, you typically are not responsible for their injuries.
That said, the law does carve out a few important exceptions where a property owner could be held liable.
The first exception involves intentional or reckless behavior. If you knowingly and deliberately cause harm to a trespasser, or act with a total disregard for their safety, you could face legal consequences. Simply finding someone on your property does not give you the right to hurt them on purpose.
The second exception comes into play once you actually know a trespasser is in a dangerous spot on your property. At that point, you have a responsibility to take reasonable steps to prevent them from getting hurt. Ignoring someone in obvious danger after you have spotted them is where your protection under the law starts to fade.
The third exception is perhaps the most important one for homeowners to understand. It involves children. If a child wanders onto your property and gets injured by something man-made, like a swimming pool, an old piece of machinery, or an open pit, you might be liable. This is sometimes called the “attractive nuisance” doctrine. For this exception to apply, a few things generally need to be true. You had to know or should have known that children were likely to come onto the property. The dangerous condition had to pose a serious risk of death or major injury. The child, because of their age, could not be expected to understand or recognize that danger. And the cost of fixing or guarding against the hazard had to be small compared to the risk it posed to a child.
It is also worth noting that this law does not take away any other legal protections a property owner might already have under Nevada common law or other specific statutes.
A trespasser, under this law, is simply any person who enters or stays on someone else’s property without being given permission to do so, either directly or indirectly.
Frequently Asked Questions About NRS 41.515
Can I be sued if a trespasser gets hurt on my property in Nevada?
Generally, no. Nevada law does not require property owners to keep their property safe for people who enter without permission. If someone trespasses and gets injured, you are typically not responsible for those injuries. However, there are exceptions, particularly if you intentionally harmed the trespasser, ignored them after knowing they were in danger, or if a child was injured by a man-made hazard on your property.
What is the attractive nuisance doctrine in Nevada?
The attractive nuisance doctrine is a legal concept that holds property owners responsible when a child trespasses and gets hurt by a man-made condition on the property. Things like swimming pools, trampolines, or old equipment can qualify. The idea is that children may not understand the risks these things pose, so the property owner carries more responsibility to address the danger even if the child had no right to be there.
What happens if I find a trespasser on my property and they are in danger?
Once you become aware that a trespasser is in a dangerous situation on your property, Nevada law expects you to take reasonable steps to prevent them from getting hurt. You do not have to go looking for trespassers, but once you spot someone in harm’s way, doing nothing could expose you to legal liability.
Does a “No Trespassing” sign protect me from lawsuits in Nevada?
Posting a no trespassing sign can help establish that someone entered your property without consent, which is an important part of the legal definition of a trespasser under NRS 41.515. However, a sign alone does not protect you in every situation. If a child is injured by an attractive nuisance or you intentionally harm someone, a sign will not shield you from liability.
Are squatters considered trespassers under Nevada law?
Under NRS 41.515, a trespasser is anyone who enters or remains on property without the express or implied permission of the owner or occupant. A squatter who has no legal right to be on the property would generally fall under that definition, meaning the property owner would have limited liability if the squatter were injured. That said, squatter situations can involve other areas of Nevada law beyond this statute, so the full picture can get complicated.
If you are dealing with a trespasser injury situation and are unsure where you stand legally, the team at Wooldridge Law Injury Lawyers has the knowledge and experience to help you make sense of your rights and options. Reach out to Wooldridge Law Injury Lawyers today for a consultation and get the clarity you deserve before making any decisions about your case.
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