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Can You File Suit if You Are an Injured Trespasser in New Jersey?

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Just because you were trespassing does not mean that you do not deserve damages to pay for your medical bills, lost wages from being unable to work and pain and suffering. If you sustained injuries while trespassing, please read on, then contact one of our experienced New Jersey premises liability lawyers to learn if a trespasser can file a personal injury claim in New Jersey.

Can a trespasser file a personal injury claim in New Jersey?

That depends on the unique circumstances of your case. By and large, a trespasser can’t hold a New Jersey property owner or manager liable for injuries he or she sustained on another person’s property. However, there are three exceptions to his rule, including dangerous dogs, willful and wanton conduct on the property owner’s part and discovered trespassers. If you can prove those exceptions, you may be entitled to compensation.

How does a trespasser prove a premises liability case in New Jersey?

As stated above, you, the injured trespasser, must prove one of three things. They break down as follows:

  • Dangerous dog: If a property owner or manager has a dangerous dog, he or she will need to put up signs warning trespassers of the risk of harm from said animal. Failure to provide adequate warning can make owners liable to lawsuits.
  • Willful and wanton conduct: A property owner or manager may have a duty to warn trespassers about any dangerous activities taking place on or near the property. For example, if the property owner allows practice shooting to go on in his or her backyard or on the grounds and someone sustains injuries, he or she may face a personal injury claim.
  • Discovered trespasser: Generally, a property owner does not expect trespassers on his or her property, but if clear signs exist that trespassing is a frequent occurrence, he or she must take precautions to warn or remove any safety hazards. If the property owner is cognizant of hazardous conditions and a trespasser receives injuries, the trespasser may file suit against the property owner.

If you have sustained injuries by any of these means, you should reach out to one of our skilled New Jersey personal injury lawyers to discuss your next steps.

What can an Essex County personal injury lawyer do for you?

A qualified legal representative will help draft, collect, compile and present the necessary evidence to prove your case in court. He or she will also provide you with fair and honest assessments of your case. Our firm will keep you apprised of your rights and responsibilities so that you can make informed decisions. Do not go it alone. Give us a call today.

Contact our experienced New Jersey firm

If you or someone you know has sustained an injury, whether on the job, on the road, due to a medical professional’s negligence, or otherwise, our firm is here. Rubenstein, Berliner & Shinrod, LLC has helped countless victims of negligence over the years, and we are ready to do the same for you. Contact our firm today so we can get started.

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