If Someone Trespasses on My Property and Gets Hurt Am I Liable?
If you have company or open your property up to visitors, and an injury happens, you are typically responsible. This is because, as a property owner, you owe the people visiting your property a duty of care. This duty of care also extends to the people who must be on your property for other reasons other than being invited.
Some Examples of Premises Liability Issues
There are many premises liability issues that you may experience. A few examples of these are listed below:
- A loose stair tread that causes someone to slip and fall
- A spill that is not cleaned properly or leaves an unmarked wet floor becomes a hazard
- A dog that attacks a furniture delivery person
- House guests become ill or even die because you did not have a working carbon monoxide detector
- The water was too hot coming from your shower and scalded the person using it
People Who Have Reason To Be On Your Property
There are times when you have not invited people onto your property, but they are not actually trespassing. Some people might enter and exit your property without express permission, and to them, you owe a duty of care. These people might be firefighters or police officers, utility workers, or postal or parcel delivery people.
Trespassers are the Exception
Sometimes there are trespassers on commercial and private property. For instance, a neighbor takes a run every morning, and part of this run falls on your property. You have seen her do this and are aware it is a normal part of her routine.
In this case, since you know she trespasses, you are obligated to use signage to warn her of your dog, to cover the open well on your property, or to mark it so that she does not find herself injured in it.
When Children Trespass
You have an obligation to protect children, for instance, if you live close to a children’s sports complex and have an unfenced swimming pool. If a child took a dip and drowned, you would be responsible for their death since you did not secure the area.
You Cannot Set Traps
This sounds like an odd point, but property owners are not allowed to hurt a trespasser intentionally. Just because someone trespasses on your property does not give you the right to shoot them, set booby traps for them, or assault them. Of course, there are exceptions if your home or family is under attack.
Subsequent Remedial Measures
If someone trespassing on your property is injured because of a hazardous condition on your property, you can fix the problem. Some worry that by fixing the problem, you are admitting there was an issue that you could have prevented, to begin with. But, New York’s subsequent remedial measures law makes it impossible for the repairs to be used against you.
This can be problematic for a person who has denied that they own a piece of property. The trespasser can then point to the repairs as proof of ownership. It is important to have an attorney to help defend you properly against such claims.
Contact Us Today
If an injury happens on your property, you should consult a lawyer. You do not want to be found liable for something that you should not have to be responsible for, and some situations can be unclear. Reach out to Gattuso & Ciotoli, PLLC, to review your case and see what we can do for you today.