Innocent Trespasser Rule Law and Legal Definition

The innocent trespasser rule is a rule that is applied in torts. This rule protects individuals who enter the land of another under the mistaken belief that it is permissible to do so.

The "innocent trespasser" rule states that an unintentional and nonnegligent entry onto another's land does not automatically subject an individual to liability even though the entry causes harm to the possessor. [Bullard v. Bouler, 272 Ga. App. 397 (Ga. Ct. App. 2005)].

However, the innocent trespasser rule is an affirmative defense, and the burden rests on a defendant to show that he was an "innocent trespasser.” [Santiago v. Cauley, 2005 U.S. Dist. LEXIS 34768 (D. Ga. 2005)].