Trespassing includes entering a person’s home or going on their property without permission. If a trespasser injures themselves on a homeowner’s property, the homeowner is not liable in some cases. However, believe it or not, in certain situations, the homeowner may be at fault. At Mandler and Sieger, LLC, we can make sure your rights are protected as a property owner or as a trespasser who was injured. Our personal injury lawyer Woodbury NY can help you determine liability and build a defense against a lawsuit.
Our Personal Injury Lawyer Woodbury NY Can Determine If You’re Liable For Trespassers Injuries
A trespasser who goes onto a homeowner’s property without approval can become harmed or injured on the property. Even though the trespasser is in the wrong for unlawfully entering the property, some conditions make the homeowner liable for their injuries. Homeowners cannot deliberately injure trespassers. In addition, if a homeowner is aware there are frequent trespassers on their property, they will become liable for any injuries caused by an unsafe condition on the property. Some specific examples of conditions in which the homeowner is at fault for the trespasser’s injury, making them in need of a personal injury lawyer Woodbury NY, includes the following:
- The condition is one the owner purposely created.
- The aware condition was likely to cause serious bodily harm.
- The owner had reason to believe trespassers would not discover the unsafe condition.
- The owner failed to exercise reasonable warning to trespassers of the condition and the risk presented.
Are Trespassing Children Liable?
In addition to purposely creating a condition where the trespasser was bound to get harmed, attractive nuisances will also make a homeowner at fault. Attractive nuisances consist of conditions that a reasonable person should know is likely to attract children onto the property. Children can be naive to dangers on property, and be lured to potential hazards such as a swimming pool, an abandoned well, or heavy machinery. Therefore, a homeowner should see if there are any potentially dangerous conditions on their property that might attract children and address them. A homeowner may be liable for an injury to a child who trespassed if they knew the following:
- Children were likely to trespass and there was a dangerous condition on the property that involved an unreasonable risk of bodily harm to children.
- Young children would not be aware of the risky condition.
- The utility of the condition is small compared to the risk it represents.
If your child was hurt in a trespassing incident, consider our personal injury lawyer Woodbury NY.
Are Homeowners With Dogs With Dangerous Propensities Liable?
Dangerous propensities are tendencies of an animal to do any act that might endanger the safety of a person, such as attacking or biting. Even a dog’s breed can be considered in determining whether or not a dog had dangerous propensities. If a homeowner knows that their dog exhibits dangerous propensities, they may be at fault for the trespasser’s injuries caused by the dog. However, if a homeowner takes sufficient precautionary measures with their dog who knowingly has dangerous propensities, the homeowner may not be liable. An example is if the homeowner chains the dog, but the trespasser puts themselves at risk anyways. This is a limited exception that only applies in rare cases, but can be determined by our personal injury lawyer Woodbury NY.
Preventing Trespassers’ Injuries
Even though trespassing is wrong, some things can be done to prevent trespassers’ injuries. Some examples of actions you can do to set up more safe conditions on your property include:
- Set up fences to mark your property line to prevent accidental trespassing.
- Fix unsafe stairways or walkways.
- Keep your dog inside or on a leash.
- Provide proper lighting inside and outside the home.
- Cover or set up fences around your swimming pool.
Contact Mandler & Sieger – Personal Injury Lawyer Woodbury NY
If you have sustained an injury from trespassing or you are a homeowner whose property a trespasser injured themselves on, consider our team at Mandler & Sieger, LLC to legally help. Our personal injury lawyer Woodbury NY can explain your rights as a property owner or as a trespasser who was injured. Schedule a consultation with our lawyers to explain your situation and we can help determine liability.