Do Property Owners Owe Trespassers a Duty of Care in New York?
Personal Injury Lawyer Helping Injured Victim Of Slip and Fall, Trip and Fall Accidents Receive Compensation
New York no longer applies differing standards of care to different classifications of visitors to a property. Property owners now owe all visitors a reasonable standard of care. This includes invitees (e.g., a shopper in a store), licensees (e.g., social guests), and even trespassers.
In 1976, the Court of Appeals abandoned the differing standards of care in the case Basso v Miller. The Court ruled that property owners must take reasonable measures to maintain safe conditions on the property, taking into account likelihood of an injury and seriousness of that injury, and the burden of avoiding the risk. The property owner’s duty is also measured by the foreseeability of a visitor (of any status) on the property.
Proving Duty of Care to Trespassers
As in all negligence cases, the plaintiff must prove that the defendant owed a duty of care. As a trespasser, you must establish that your presence on the property was reasonably foreseeable.
For example, if a property owner regularly sees trespassers on the property or sees evidence of them (e.g., trash left behind), then it may be reasonable for a person of ordinary intelligence to be aware of the presence of trespassers. If there are dangerous conditions on the property (e.g., a bridge in disrepair), the property owner has a duty to repair or warn of it.
Proving Other Elements of Premises Liability for Trespassers
All negligence cases also require proving the defendant breached a duty of care, causing the accident. It is the same for cases involving trespassers.
Once you establish the property owner’s duty of care, you must prove negligence. For example, if a bridge on the property is in disrepair with obvious signs of danger, but the property owner does not repair it or post warning signs to prevent access, the courts may consider the property owner negligent. If somebody (including a trespasser whose presence was reasonably foreseeable) becomes injured because the bridge collapses, the property owner may be liable for that party’s damages.
Let The Rybak Firm, PLLC., Help After An Accident on Another’s Property
The Rybak Firm, PLLC., can help you meet all of these criteria. We can help you argue duty of care and demonstrate that the property owner’s negligence caused your injuries. We will collect evidence to establish liability and the value of your damages so you get the compensation you need.
Give us a call at The Rybak Firm, PLLC., if you are in New York City. Call (718) 307-5554 to set up a Free consultation with Personal Injury Lawyer who will review your case and represent you in the legal process.
Personal Injury Lawyers Near Me
Our offices are located in Brooklyn, NY. Although our offices are in Brooklyn, NY we serve the whole NYC Metro Area and represent clients in every borough of New York City. Our Personal Injury Attorneys are able to travel to you if you are unable to meet at our offices due to an injury. We also provide free transportation to and from our offices.
Our office address is:
1810 Voorhies Ave
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Brooklyn, NY 11235