Premises liability in hospitals is a big topic in trespasser assault cases. Hospitals are designed to be safe places for patients and visitors, but like any property open to the public, they are not immune to security risks. One concern is assaults committed by trespassers—individuals who enter hospital property without permission and harm patients, visitors, or staff. This raises an important legal question: Can hospitals be held liable for assaults committed by trespassers?
Understanding Premises Liability in Oklahoma
Premises liability is the area of law that holds property owners and occupiers responsible for injuries caused by unsafe conditions on their property. In Oklahoma, hospitals—like all property owners—have a duty of care toward lawful visitors, including:
- Patients receiving care.
- Family members and friends visiting loved ones.
- Employees and contractors working on the property.
However, the duty owed to trespassers is generally much lower. Property owners typically must only avoid willfully harming trespassers. That said, hospitals are unique environments where security and patient safety are paramount, and the analysis can change when trespasser assaults occur.
When Is a Trespasser Assault Foreseeable?
Hospitals are often large, open facilities with many access points, making it possible for unauthorized individuals to enter. Whether an assault is foreseeable—and thus whether the hospital could be liable in court—depends on factors such as:
- Past incidents: Has the hospital had prior issues with trespassers or criminal activity?
- Security measures: Did the hospital have reasonable security in place, such as controlled entry, security personnel, and surveillance cameras?
- Location and risk factors: Is the hospital located in a high-crime area or near public spaces that increase the likelihood of trespassing?
- Specific warnings: Did hospital staff have notice that a particular person was a risk (for example, a banned visitor returning)?
If an assault was reasonably foreseeable, the hospital may have a duty to take preventive measures, and failure to do so could lead to liability.
Legal Challenges in Hospital Premises Liability Cases
Victims of trespasser assaults face unique legal challenges, including:
- Proving foreseeability: Showing the hospital should have anticipated the risk.
- Comparative negligence: If the victim’s own conduct contributed to the harm, it may reduce potential compensation.
- Scope of duty: Determining whether the hospital had a legal duty to prevent the specific harm that occurred.
These cases often require expert testimony on security standards and hospital policies.
What Victims Can Do
If you or a loved one has been assaulted by a trespasser in a hospital:
- Report the incident immediately to hospital administration and law enforcement.
- Request access to hospital security reports and incident records.
- Consult an attorney experienced in premises liability to review your legal options.
Premises liability cases involving hospitals and trespasser assaults are complex. They require understanding both security standards and medical facility operations. An attorney can investigate whether the hospital took reasonable precautions and pursue compensation for injuries, medical expenses, and emotional distress.
Wagoner Civil Litigation Attorneys
Hospitals must balance accessibility for patients and visitors with safety and security for everyone inside. While hospitals generally owe a limited duty to trespassers themselves, they still must take reasonable steps to protect lawful visitors and patients from foreseeable harm. When trespasser assaults occur, our skilled counsel at Wagoner Attorneys is here to help you through that. Call us at 918-283-7394 for a free consultation. Or you can follow this link to ask a free online legal question.
