Legal Question in Personal Injury in New York

A neighborhood kid trespassed on my property about 7 years ago (after being told several times to keep out) and injured himself on my property. He tripped over trash in the garbage area and is now suing me claiming his life has been ruined and that due to his injury, his quality of life has been severely compromised. We're in the beginnings of a lawsuit. I happened to look this young man up on facebook and saw very recent pictures of him skateboarding and participating in other strenuous physical activity. In addition to this, he was recently arrested for vandalism and charged with two counts of criminal mischief.

Am I responsible if someone trespasses repeatedly on my property and gets injured?


Asked on 8/23/10, 6:02 pm

2 Answers from Attorneys
Carol Ryder Law Office of Carol Ryder PC

Yiou might still be responsible. Gather all evidence you can against him being hurt. There are two parts of any case-liability (cannot answer w/o more info) and damages. In fact, in Suffolk and many other areas, they bifurcate the trial. The do one (e.g. liability" and then if that is not proven, they don't do the second one-saves money and time (and the jury seeing a faking def hobbling in). He has to prove damages and this will involve doctors. To save yourself money on atty fees, park outside his house and tape him. Your atty will know what to do from there.

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Answered on 8/28/10, 7:14 pm
Jason Kessler Law Offices of Jason B. Kessler, P.C.

I agree this may be a bogus lawsuit. However, if you have homeowners insurance attorney's fees may be covered. I will alert them quickly and get counsel. I also agree that someone should video tape this kid doing strenuous activities. You may also wish to print his facebook page before he changes it

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Answered on 8/29/10, 4:21 am


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