Generally speaking, property owners have a legal duty to keep visitors safe while they are on their properties. This means taking proactive steps to fix any hazards that may hurt visitors. If they do not, and a visitor ends up getting hurt, they may be deemed liable for the harm the visitor has suffered.
While this legal duty does not apply in the same way to intruders, property owners still have a responsibility to warn intruders about potential risks that they may face when they unlawfully enter their property. An example of this would be a “Beware of Dogs” sign at an entrance.
What happens if you are hurt by a booby trap?
Generally, personal injury courts view human life as more valuable than property. Thus, if you are caught up in a booby trap while on someone else’s property, leading to injuries, you may likely be in a position to hold the property owner liable even if you were trespassing when you were injured.
What if there were no traps on the property?
If you are hurt while trespassing on someone else’s property and there were no unreasonable hazards present, you will have a difficult time winning a premises liability claim. The argument is if the property owner was not aware of your presence on their property, they could not realistically guarantee your safety.
Protecting your rights
Property liability claims that involved an element of trespass can be tricky to litigate and win. Learning more about New York personal injury claims can help you safeguard your rights and interests if you are hurt while trespassing on someone else’s property.