Innocent Trespasser Law and Legal Definition

An innocent trespasser is a person who enters on to another’s land unlawfully, but either inadvertently or under the mistaken belief that s/he has a right to enter the other person’s land.

The innocent trespasser rule that is applied in torts relating to innocent trespassers 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. The innocent trespasser defense protects individuals who enter the land of another under the mistaken belief that it is permissible to do so. [Bailey v. Annistown Rd. Baptist Church, Inc., 301 Ga. App. 677 (Ga. Ct. App. 2009)].