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Can I Take Legal Action if I am Injured While Trespassing?

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Can I Take Legal Action if I am Injured While Trespassing?

If you are injured on another person’s property, you may wonder who will be held responsible for your injuries. This depends on a lot of different things, and these lawsuits can be complicated. Read on for more information regarding trespassing injuries in New Jersey.

What is Trespassing?

To trespass is to enter unlawfully upon the land of another. This can result in criminal charges.

What if I Become Injured While Trespassing?

In some cases, you may become injured while trespassing. But what does this mean? If you slip and fall on the sidewalk in front of someone’s house, the homeowner may be held responsible for your injury. But, if you are injured walking on someone’s private property, the homeowner is probably not responsible. Generally, in New Jersey, homeowners are not responsible for a trespasser’s injuries. But, this is not always the case. There are some exceptions to this.

What are the Exceptions?

A homeowner may be held responsible for a trespasser’s injuries in the event of:

  • Discovered trespassers: It can be assumed that a homeowner has no knowledge that someone will trespass and therefore does not need to take preventative measures. But, if you become aware that people regularly trespass on your property, you have knowledge that there are people walking on your property and that they can become injured. If you are aware of this and you do not put up any signs warning trespassers of hazards on your property, you can be considered negligent.
  • Willful and wanton conduct: If you willfully partake in dangerous activities that could injure a trespasser or passerby, you can be held responsible for resulting injuries. For example, if you practice shooting in your backyard and you injure someone. It is important that you do not partake in negligent activities as you may be considered responsible for any injuries. Additionally, it is important to understand the use of deadly force in your state. Generally, you cannot use deadly force to protect your property. For example, you can defend yourself against a burglar breaking into your home, but not against someone simply walking through your backyard.
  • Dangerous dogs: Some dogs can be extremely dangerous to people and other pets. If you have a dog that is considered dangerous and you fail to warn trespassers, you may be held responsible for a dog attack. In this case, you are aware of a potential danger and you do not warn others of this.

If you are injured on another person’s property, contact our firm today to discuss your case.

Contact our experienced New Jersey firm

Currently, it is unclear whether employees will have the right to file COVID-19 workers’ compensation claims, however, if the time comes where this becomes legislation, our firm is here to help. As we learn more, we will bring this information to you. Contact Rothenberg, Rubenstein, Berliner & Shinrod today to learn more.

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