Legal Question in Personal Injury in New York
Someone injured on my property
Someone entered my yard without my knowledge and on the way back out they tripped and fell and broke their leg.They are now suing me!! In my opinion this person TRESSPASSED onto my yard! Can I inreturn sue her for trespassing?? What are both our rights in this situation??
2 Answers from Attorneys
Re: Someone injured on my property
You can, but it's not going to get you very far. You would have to prove damages related to the trespass. In any case you should inform your property insurer as soon as possible and they will defend the claim. Should you like a consultation or you need additional information you can contact me.
Re: Someone injured on my property
New York State did away with the distinction between a trespassor and an invitee long ago in terms of a property owner's liability for a dangerous condition on his land. In other words, if a dangerous condition existed, it would not likely matter that the injured person was trespassing at the time of the accident. You should immediately, and I mean immediately, report receipt of any lawsuit papers to your homeowner's insurance company or insurance broker. Good luck. Best, M. E. Zuller
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