Trespasser Injured on Your Property: Do You Have To Pay?

This is a tricky question. Of course, if the trespasser entered your premises without your permission, one would think that it was his own fault for getting hurt. In New York, the victim of the accident should legally be allowed on the property to be able to claim expenses for an injury on the property.

There are a few exceptions, though. Children don’t have a clear idea of the concept of trespassing and may often find themselves on a property where they do not belong. If the property is not child-proof, for example, if there is a swimming pool without a fence, the owner of the property may be liable for some of the expenses if the child gets injured on his property. This is  true if the owner was aware of the child on his property and did not give a warning about potentially harmful areas on the premises.

For adult trespassers, it comes down to whether the premises owner knew that the trespasser was on his property and whether he had warned the trespasser about areas where the trespasser got injured. If the trespasser had fair warning, he wouldn’t have much of a personal injury case and would likely not be able to claim compensation for his injuries.

Basically, if you have warned the trespasser of any potential danger on your property, you wouldn’t have to pay any expenses as a result of him getting hurt on your property.

If someone trespassed on your property and wants to claim compensation for personal injury, you can contact one of our expert lawyers at Linden Law for a free consultation. Call us at (212) 804-8440 or visit our offices at 1500 Broadway Suite 903.