Can a Trespasser File a Personal Injury Claim in New Jersey?

If you sustained injuries while trespassing, please read on, then contact an experienced Middlesex County slip and fall accident attorney to learn if a trespasser can file a personal injury claim in New Jersey.

Does a trespasser qualify for compensation in a New Jersey premises liability claim?

If you sustained injuries on another person’s property as a trespasser, you may be entitled to financial compensation. Generally, you can’t hold a property owner or manager liable for injuries you sustained as a trespasser. However, some exceptions apply. Under the following exceptions can a trespasser file suit against a property owner or manager:

  • Dangerous dogs
  • Willful and wanton conduct
  • Discovered trespassers

What happens if a dog attacks a trespasser in New Jersey?

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.

What constitutes 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 is injured, he or she may face a personal injury claim.

What is a discovered trespasser in New Jersey?

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 is injured, he or she may be held liable.

How can a Middlesex County personal injury lawyer help you?

Reaching out to a skilled Middlesex County personal injury attorney can make all the difference between you receiving the compensation you may be entitled to and your case being summarily dismissed. In New Jersey, the law is on the side of property owners or managers. But 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. A qualified legal representative will help you collect the evidence needed to prove that the property owner owed you a duty of care and subsequently violated it.


Stathis & Leonardis, LLC is an experienced personal injury law firm in Middlesex County, New Jersey that is committed to helping clients who have been hurt due to another party’s negligence. If you have been involved in a motor vehicle accident or were injured on another person’s property, please do not hesitate to contact our firm today.

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