If an uninvited person is injured while on another’s property in the City of Buffalo, New York State Law does allow that person to pursue a personal injury lawsuit. There are several factors, however, that distinguish such a case from a normal injury on property.
Until the mid-1970s, the duty of care owed by a landowner in personal injury cases varied with the reason the injured party was on the property. As a result, a landowner had less responsibility toward a trespasser than, for example, a guest or employee. Because this multi-level system was found to be unduly complicated, it has been changed so that the duty of care is the same for all plaintiffs regardless of why they were on the property.
The current standard is that a landowner must act as a reasonably prudent person in maintaining his or her property in view of all the circumstances. This single standard, however, does not make it as easy for a trespasser to successfully sue as a guest.
This is because when determining whether the landowner acted as a reasonably prudent person, the judge or jury must consider circumstances such as the foreseeability of the injured person being on the property and his or her burden in avoiding the risk of injury. In the case of unforeseen trespassers on the property, these factors tend to favor the landowner.
If you have been suffered an injury on someone’s property and have any questions regarding your legal rights, please feel free to call my office at 716-542-5444.
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