Can an owner be liable when a booby trap injures you?

A wire tied to a gate, a hidden pit or a rigged object placed near a property line can cause serious injuries. Although the owner may intend the device to be a security measure, you might wonder whether you have grounds to seek compensation if it harms you.

Proving a deliberate hazard

Property owners in New Hampshire owe reasonable care to people who come onto their land. If they knowingly install a device capable of causing physical harm, their awareness of the danger may be easier to establish. The remaining questions concern the device’s purpose, function and location.

A deliberate trap may support a premises liability claim because a hidden danger can breach the duty owed to people whose entry is foreseeable. If evidence demonstrates that the owner meant the device to make harmful contact, the facts can support an intentional tort claim rather than negligence alone.

Defense of property does not give an owner an open-ended right to cause bodily injury. A preset device cannot judge why you entered or whether you posed an immediate threat. Its design and placement also create an unreasonable risk for anyone who might set foot on the property.

Evaluating your entry status

The landowner may respond by questioning whether you had a right to be there. That dispute can arise even if you had a harmless reason for being there, such as delivering a package, checking utility equipment or misreading a boundary line.

In New Hampshire, entering the property without realizing it does not automatically defeat your claim. One key question is whether your presence could reasonably have been expected. An open path, an unlocked gate, regular foot traffic or prior reports of people entering the area may help show that the landowner should have anticipated visitors.

Identifying compensable losses

You can recover the following types of damages once your claim concludes:

• Medical expenses, including projected costs of future treatment
• Lost income along with any lasting reduction in earning capacity
• Pain, suffering and the loss of activities you once enjoyed
• Enhanced compensatory damages for wanton, malicious or oppressive conduct

New Hampshire also considers whether your actions contributed to the injury. If a jury assigns you 50% or less of the responsibility, you may still recover damages, but your award decreases by that percentage. A share above 50% generally prevents recovery under a negligence claim.

Preserving evidence after injury

To proceed with a civil case, you would need to prove that the device caused your injury and led to measurable harm. Keep the clothing and footwear involved, along with medical papers, receipts and messages about the location.

Further evidence might remain in the hands of another party. This can include security footage, device logs, sales receipts, installation records and messages about the trap.

You do not need to return to the scene to gather proof. Legal counsel can send written requests to preserve documents, help you file before the applicable deadline and seek additional evidence through formal discovery.