Just because you were trespassing does not mean that you do not deserve damages to pay for your medical bills, lost wages from being unable to work and pain and suffering. If you sustained injuries while trespassing, please read on, then contact one of our experienced Queens premises liability attorneys to learn if a trespasser can file a personal injury claim in New York.
Can a trespasser file a personal injury claim in New York?
That depends on the unique circumstances of your case. By and large, a trespasser can’t hold a New York property owner or manager liable for injuries he or she sustained on another person’s property. However, there are three exceptions to his rule, including dangerous dogs, willful and wanton conduct on the property owner’s part and discovered trespassers. If you can prove those exceptions, you may be entitled to compensation.
How does a trespasser prove a premises liability case in New York?
As stated above, you, the injured trespasser, must prove one of three things. They break down as follows:
- Dangerous dog: If a property owner or manager has a dangerous dog, he or she will need to put up signs warning trespassers of the risk of harm from said animal. Failure to provide adequate warning can make owners liable to lawsuits.
- Willful and wanton conduct: A property owner or manager may have a duty to warn trespassers about any dangerous activities taking place on or near the property. For example, if the property owner allows practice shooting to go on in his or her backyard or on the grounds and someone sustains injuries, he or she may face a personal injury claim.
- Discovered trespasser: Generally, a property owner does not expect trespassers on his or her property, but if clear signs exist that trespassing is a frequent occurrence, he or she must take precautions to warn or remove any safety hazards. If the property owner is cognizant of hazardous conditions and a trespasser receives injuries, the trespasser may file suit against the property owner.
If you have sustained injuries by any of these means, you should reach out to one of our skilled Queens personal injury attorneys to discuss your next steps.
What can a Queens County personal injury lawyer do for you?
A qualified legal representative will help draft, collect, compile and present the necessary evidence to prove your case in court. He or she will also provide you with fair and honest assessments of your case. Our firm will keep you apprised of your rights and responsibilities so that you can make informed decisions. Do not go it alone. Give us a call today.
Contact our Firm
The Law Offices of George Poulos is an experienced Workers’ Compensation, personal injury, bankruptcy, and Social Security Disability law firm with offices in Queens and the Bronx. We understand the implications of a serious accident, which is why we take pride in tenaciously representing our clients. If you require strong legal representation, contact our firm today to schedule a free consultation.