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Understanding trespasser laws in Ohio

Landowners need to be aware of what they can do and can’t do to address trespassers on their property. Chris Hogan with the Agricultural Law Resource Program at Ohio State University says landowners have a responsibility to protect themselves from potential liability.

“Maybe a fence wire that’s put across a roadway that people are entering, or maybe something on the trail that causes a trip hazard or any fall hazard. That’s probably the first thing someone should do.” says Hogan.

Hogan says landowners should never confront a trespasser but should always contact law enforcement. Peggy Hall, an Agriculture and Resource Law specialist with OSU Extension says while it’s a good idea to post signs indicating no trespassing, it is not a requirement in Ohio.

“Some people think they have to post on their property in order to go after the trespasser later and that’s not true. You can still prove that they didn’t have the permission to be there, with or without a sign.” says Hall.

Hall also says granting permission for people to enter your property for recreational purposes also eliminates liability issues under Ohio law.

“That’s a clear, statutory law that says, you don’t have any duty. So it’s almost better to give them permission because you’ll then have that immunity, but if they’re a known trespasser you have more liability risk.” says Hall.

And Hall and Hogan both say landowners can possibly be held liable if they set up barriers and traps to prevent trespassers on their property. Brownfield spoke with Hall and Hogan at the Farm Science Review.

Audio: Peggy Hall and Chris Hogan, Ohio State University