Can a trespasser sue you for premises liability?
Posted January 16th, 2015 by Anthony Carbone, PC.
Categories: Premises Liability, Slip and Falls.
As a homeowner, we all have the responsibility to keep our property clear of any dangers. We do it so we can be safe in our own homes as well as for anyone who stops in for a visit. But what happens when there’s an accident on your property by someone who is trespassing?
Here’s the scenario: A winter storm has caused your front steps to become a sheet of ice. You don’t have ice melt right now so you ignore the problem until you can get to the store. However, a teenager trespasses on your property, slipping on your icy stairs and falls, breaking his/her arm. Are you at fault for the accident since it is your property? Or does the responsibility fall on the trespasser?
As premises liability law states, as the owner of the property, you must keep your property safe for visitors. Failure to do so can result in a personal injury lawsuit against you. And although the person was trespassing, a criminal offense, you had failed to clear the ice from your steps, making you responsible for the unwanted visitor’s injuries. However, the trespasser has to prove why he/she was on your property at the time of the accident. Then the trespasser will have to prove what the conditions of the property were at the time of the accident.
Were you in a slip and fall accident on another person’s property? Then you need Jersey City accident attorney Anthony Carbone. For more than 25 years, he has been fighting for his clients to get the compensation they deserved. Contact us today for a free consultation.
