Reviewed by Laurence P. Banville, Esq.Frequently asked questions
Can a burglar sue a homeowner for injuries in New York?
Yes, a burglar can file a lawsuit, but winning is extremely difficult. New York courts have consistently held that a property owner owes no duty of care to a trespasser who is actively committing a crime. The burglar's own criminal conduct is treated as a superseding cause that bars most personal injury claims.
Does New York law protect homeowners from lawsuits by intruders?
New York General Obligations Law §9-103 limits the duty of care owed to trespassers. Beyond that statute, New York courts apply comparative fault principles, which can reduce or eliminate a trespasser's recovery when their own illegal conduct contributed to the injury.
What if a homeowner used excessive force against a burglar in NY?
New York Penal Law §35.20 allows homeowners to use physical force to prevent a burglary, but deadly force is only permitted when the homeowner reasonably believes it is necessary to prevent death or serious physical injury. If a homeowner exceeds what the law allows, the injured burglar could potentially pursue a civil claim for the excessive force itself.
How long does a burglar have to file a personal injury lawsuit in New York?
Under CPLR §214, New York's general personal injury statute of limitations is three years from the date of injury. However, the practical and legal barriers to a burglar successfully bringing such a claim are substantial, and any such case would face immediate scrutiny over the plaintiff's own criminal liability.