Trespassing occurs often, both intentionally and unintentionally. So what happens if you become injured while trespassing? In most cases, you will not be entitled to recover compensation, but there are some important exceptions to be aware of. Read on for more information regarding trespassing injuries in New York and what to do if an injury occurs.
What if I Become Injured While Trespassing?
If you are injured on someone’s property, you may be entitled to recover compensation. But, things definitely change when you are not an invited guest. Generally, if you are injured while trespassing, the homeowner will not be held responsible, but there are a few exceptions to this rule.
What are the Exceptions?
A homeowner may be held responsible for a trespasser’s injuries in the event of:
- Discovered trespassers: A homeowner does not assume that someone will trespass and therefore does not need to take preventative measures. But, if he or she becomes aware that people regularly trespass on his property, he now has knowledge that there are people walking on the property and that they can become injured. If he is aware of this and does not put up any signs warning trespassers of hazards on the property, he can be considered negligent.
- Willful and wanton conduct: If a property owner willfully partakes in dangerous activities that could injure a trespasser or passerby, he or she can be held responsible for resulting injuries. It is important that property owners do not partake in negligent activities as they may be considered responsible for any injuries. Additionally, it is important to understand the use of deadly force in your state. Generally, one cannot use deadly force to protect property. For example, you can defend yourself against a burglar breaking into your home, but not against someone simply walking through your backyard.
- Dangerous dogs: Some dogs can be extremely dangerous to people and other pets. If you are injured due to a dangerous dog and there were no warning signs, you may be entitled to recover compensation.
If you have been injured while trespassing, contact our firm today. We understand the toll an injury can take physically, emotionally, and financially. We will advocate for you and explore all possible legal options.
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.