O'Connor First
Serving All OfNew York And Vermont
877-886-4029 Toll Free
518-465-0400 New York

Insurance company may challenge trespasser claims of injury

The owner of New York property, whether residential or commercial, carries an important duty to ensure visitors are not harmed. A homeowner may take certain steps to clear tripping hazards from hallways or repair the broken latch on the fence surrounding a pool. A business owner may have a checklist or protocol for cleaning and surveying the premises for anything that might endanger a customer or vendor. When accidents happen, property owners rely on their insurance company to assist them in paying for the damage. However, who is liable when an intruder is injured on someone's property?

A person who comes onto private property without permission or invitation is a trespasser. While trespassing is unlawful, the intruder may have certain rights if he or she is injured, whether the trespasser is breaking in or simply passing through. In most cases, the property owner is not liable for accidental injuries a trespasser suffers while unlawfully on the property. It is a different story if the owner intentionally or negligently causes harm.

An accidental injury, such as tripping on a toy a child leaves in the yard, does not usually result in liability issues for the property owner. If the owner intentionally harms the trespasser by creating a hazard that is meant to cause injury or death, liability is more likely. Additionally, if such a danger exists on the property, even unintentionally, the owner has a responsibility to issue a reasonable warning, especially if the owner is aware that trespassers frequently enter the property.

A New York resident or business owner and his or her insurance company faced with claims of injury from someone who was unlawfully on private property will certainly want to fight the accusations. These claims may be especially challenging if children are injured on someone's property. Having a strong defense strategy will be essential when dealing with such complex issues.

Source: FindLaw, "Homeowner Liability for Trespasser Injuries", April 6, 2018

No Comments

Leave a comment
Comment Information
Email Us For a Response

Speak To An Experienced Attorney.

High-Quality Representation At An Affordable Price. Contact Us Today.

Learn more about how we can help you by calling the firm at 877-886-4029.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

This site uses Google's Invisible reCAPTCHA, which is subject to Google's Privacy Policy and Terms of Use.

  • dri | The Voice of the Defense Bar
  • BEST'S Client Recommended 2019 | Insurance Attorneys
  • AV Preeminent
  • Bar Register Preeminent Lawyers
  • Lawyer of the Year
  • IADC
  • MPL
  • Best Lawyers
  • FDCC
  • Peer Rated
  • Plus
  • New York State Academy of Trial Lawyers
  • Lawyer of the Year
  • TIDA
  • Best Lawyers | Best Law Firms | US News |2019

20 Corporate Woods Boulevard
Albany, NY 12211

Toll Free: 877-886-4029
Phone: 518-465-0400
Fax: 518-465-0015
Albany Law Office Map

507 Main Street
Bennington, VT 05201

Toll Free: 877-886-4029
Fax: 518-465-0015
Map & Directions