Are Homeowners Responsible If A Trespasser Gets Hurt On Their Property In New York?
There’s a common misconception that if someone trespasses on another person’s property, the owner isn’t responsible if they get hurt. However, New York’s trespassing laws have a few exceptions where a homeowner may be liable for damages. If a trespasser suffers an injury on your property, understanding the circumstances in which you’d be responsible will help you protect yourself if they decide to file a claim against you.
What Is A Homeowner’s Duty Of Care?
As a property owner, you’re legally responsible for keeping it safe and ensuring visitors won’t get hurt. You’re also responsible for warning others of any dangers on your property, such as broken stairwells or slippery floors.
Premises liability law organizes visitors are organized into three main categories:
Licensees: Someone you permit to enter your property for social purposes, such as a friend or family member.
Invitees: A person with an owner’s implied permission to enter the property for business purposes, such as a construction worker or salesperson.
Trespassers: Trespassers are people who enter the property without permission from the owner.
If a trespasser decides to break into your house, homeowners would not be responsible for paying damages in most cases.
When Would You Be Liable For A Trespasser’s Injuries?
Even if you’re generally not responsible for damages, New York has a few instances when a trespasser may file a lawsuit against you:
Willful And Wanton Contact
Even in your own house, you’re still responsible for warning a trespasser if you’re doing something that can put them at risk. Additionally, the state’s castle doctrine clearly defines what self-defense means. Unless that person broke into your property intending to hurt you, it would be illegal for you to harm someone just because they were on your property.
Dangerous Dogs
Some dog species have a reputation for being more aggressive than others, but most individual dogs are defined as “dangerous” based on their actions. If your pet has previously attacked another person or animal, you’re responsible for warning potential visitors by putting up warning signs around your property. Not doing so will make you liable for the trespasser’s damages due to negligence.
Discovered Trespassers
In some cases, you may know the trespasser, such as someone walking through your property to get home. If this is your case, you must keep the area well-maintained and warn them of any dangers to avoid liability.
Our Attorneys Are Here To Help
While trespassers have limited rights when they’re on your property, New York has a few exceptions when they can file a claim against you. However, keeping your property well-maintained with appropriate hazard warnings protects you from being responsible for damages.
If an injured trespasser is taking legal action against you, our experienced premises liability attorneys will review your case’s details and help you ensure your rights are protected. Please contact us online or at (800) 469-7429 to schedule a free initial consultation today.