Reviewed by Laurence P. Banville, Esq.Frequently asked questions
Does New York law allow a burglar to sue a homeowner for injuries?
Yes, technically — NY recognizes a limited duty of care even to trespassers, but courts weigh the plaintiff’s criminal conduct heavily. Under NY’s pure comparative fault rule, a burglar’s own illegal act can reduce or eliminate any recovery. Intentional harm to a trespasser by the homeowner may still create liability in certain cases.
Can a homeowner be held liable for injuries caused by a booby trap or deliberate device?
In New York, setting a mechanical device (such as a spring gun or booby trap) specifically to injure intruders is generally illegal and can expose the homeowner to both civil and criminal liability. NY courts have held that a landowner cannot use deadly force through an automated device when they would not be legally permitted to use that same force in person.
What defenses does a New York homeowner have if a burglar sues?
A homeowner can raise comparative negligence (the burglar bears primary fault), assumption of risk, and the criminal conduct bar. NY courts can substantially reduce or deny damages when the plaintiff’s own illegal activity was the direct cause of the injury. An attorney can help build the strongest possible defense.
What is the deadline for a burglar to file a personal injury lawsuit in New York?
New York’s statute of limitations for personal injury claims is three years from the date of injury under CPLR §214. Even so, a burglar’s claim faces enormous legal hurdles, and homeowners facing such suits should consult a NY attorney immediately to protect their rights.