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Can trespassers file a premises liability lawsuit?

In our last post we discussed the basics of premises liability in New York and what steps one should take when they are injured on someone else’s property. Although a premises liability lawsuit may seem like a difficult undertaking, it may be worth your while if you have suffered substantial injuries. Not only may you be dealing with piling medical bills but you also may be missing work as you recover from your injuries.

While some cases are pretty basic, with an injury happening on a property where you were invited to be, others become a little more complicated. For example, what if you were on the property illegally or the property owner was not aware that you were there in the first place?

In most cases, if you were trespassing on someone’s property, that individual doesn’t owe you a duty of care and will not be liable for any injuries that occurred on that property. This is even true if the owner knew about the dangerous conditions. But there are a few exceptions.

For instance, if a child trespassed onto a property where there is an attractive condition, such as an unfenced pool, a homeowner could be liable for the child’s injuries even if the child was on the land uninvited.

Another situation has to do with the property owner knowing that a trespasser is on his or her property. If the property owner knows the person is there and allows them to be there, they may be liable for any injuries that occur on the property.

Because of the many different aspects that may come into play in a premises liability lawsuit, it’s important to work with an attorney that knows the ins and outs of this type of law.

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