In most cases, premises liability only covers guests and lessees. However, there are two notable exceptions:
The property owner knew you were there: In cases where a property knows the trespasser is on their land and fails to take action, they owe the trespasser the same duty of care as they would an invited guest.
Attractive nuisance: Cornell Law defines an attractive nuisance as a “hazardous object or condition on the land that is likely to attract children who are unable to appreciate the risk posed by the object or condition.” This means that if a child sneaks into someone’s yard to use the pool or trampoline and gets hurt, the property owner is likely to be held liable. In such a case, the property owner should have known the risk and taken extra steps to ensure children could not access the property.
If you are hurt while you are on someone else’s property, it’s important to talk to an experienced legal professional right away. A New York premises liability attorney can help you determine whether you have legal standing for a case and help you determine the best route forward.