Most people assume that if someone is injured while trespassing, there is no way the property owner can be held liable for the trespasser’s injuries. Though this is a reasonable assumption, it is not always true. Please continue reading and speak with our Brooklyn personal injury lawyer to learn more about trespasser personal injury claims and how our firm may be able to help you. Here are some of the questions you may have:
Can trespassers sue for wrongfully-sustained injuries in Brooklyn?
In most cases, the answer is no; if you were trespassing on private property and you were injured while doing so, you will most likely not be allowed to sue the property owner for those injuries. However, in certain cases, you may be surprised to learn that you can.
What circumstances may warrant a trespasser filing a personal injury claim?
Some of the grounds that may give a trespasser a valid personal injury claim include the following:
- Willful and wanton conduct: In certain cases, participating in certain negligent and unlawful conduct on your property can put others at risk. Additionally, you should also understand the difference between harming a trespasser out of self-defense and harming a trespasser simply because they were passing through.
- Discovered trespassers: As you know, property owners do not expect or invite trespassers onto their property. However, if you were trespassing and you can prove that the property owner knew you were trespassing and failed to ensure that his or her property was reasonably safe, such as by putting up warning signs of potential safety hazards, there is a chance that you may have a valid claim if injured.
- Dangerous dogs: When someone has a dangerous dog that he or she knows will attack anyone who enters the property, that person should post signs warning trespassers of a vicious dog. In most cases, people will not have valid dog bite claims if they are trespassing and knew there was a vicious dog present, however, there are certain exceptions.
How long will I have to file a personal injury claim in NY?
The statute of limitations for personal injury claims in New York is three years, giving the wrongly injured three years from the date of their accident to pursue financial compensation from the negligent party. Waiting any longer than three years will most likely relinquish their right to sue. If you’ve been injured due to no fault of your own, speak with our firm today.
CONTACT OUR EXPERIENCED NEW YORK CITY FIRM
Our entire legal team is dedicated to providing the advice you need and the personalized attention you deserve. If you have been injured due to another party’s negligence, call 212-421-0300 or fill out our contact form to schedule a free consultation with a New York City personal injury lawyer. You may be entitled to financial compensation, which can help you on your road to recovery.