Craig D. Rosenbaum | October 5, 2026 | Premises Liability
Finding out that someone was injured on your property is unsettling. However, if that person was trespassing at the time, the situation raises difficult legal questions that you’ll need to address. You might assume that because they entered without permission, you hold no responsibility for what happened. That assumption, however, does not always stand up under New York law.
New York State takes a broader view of premises liability than many property owners realize. Knowing where you stand before a claim is filed can make a real difference, so read on for the information you should know.
How New York Approaches Property Owner Responsibility
Most states rely on a traditional, common-law framework for premises liability cases that assigns separate levels of duty depending on whether a visitor was invited onto the property or entered without permission.
New York abandoned that rigid structure several decades ago. In Basso v. Miller, the state adopted a single rule: property owners must exercise reasonable care under the circumstances to keep people safe on their land.
In practice, a person’s status as a trespasser does not automatically eliminate a landowner’s potential duty of care. Instead, courts consider the circumstances, including whether the person’s presence at the particular time and place was reasonably foreseeable.
How Could Foreseeability Play a Role in a Trespasser’s Claim Against Me?
You could potentially be liable if the circumstances show that you failed to use reasonable care despite knowing that someone might enter your property. For example, if people regularly trespass through a particular area and you know about a dangerous condition there, that history could affect whether your actions were reasonable.
However, simply owning the property where the injury occurred does not automatically make you responsible. Courts can consider factors such as whether you created the dangerous condition or had actual or constructive notice of it, whether you had reason to anticipate the trespasser’s presence, and whether reasonable precautions could have prevented the injury.
Ultimately, liability depends on the specific facts surrounding the accident. The more foreseeable the trespasser’s presence and the danger were, the more likely those circumstances are to factor into whether you exercised reasonable care.
What Can I Do to Limit My Exposure?
Being proactive about the condition of your property is one of the best ways to protect yourself against potential claims.
Consider taking these precautions:
- Inspect your property on a regular basis to identify hazards such as broken railings or deteriorating walkways.
- Install secure fencing around pools or other features that could attract unsupervised children.
- Post clear warning signs near areas where known dangers exist.
- Document every repair and safety upgrade you complete on the property.
These measures cannot guarantee you will never face a lawsuit, but they go a long way toward building a proper defense if one arises.
Consult With a New York Premises Liability Lawyer at Rosenbaum Meier Personal Injury Lawyers
If a trespasser was injured on your property and is now pursuing legal action, waiting too long to respond can weaken your position. New York sets firm filing deadlines for personal injury lawsuits, and important evidence in your favor can fade with time.
Consulting with an experienced New York premises liability attorney at Rosenbaum Meier Personal Injury Lawyers sooner rather than later gives you the best chance of protecting your interests. Schedule a free consultation today to get started.
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