Reviewed by Laurence P. Banville, Esq.Frequently asked questions
Can a burglar sue a homeowner for injuries in New York?
Technically yes — New York courts do not completely bar trespassers from suing for personal injury. However, property owners owe a much lower duty of care to trespassers than to guests or invited visitors. A burglar who is injured while committing a crime faces an extremely uphill battle to recover damages, particularly when their own criminal conduct contributed to the injury.
Does New York law protect homeowners if a burglar is hurt on their property?
New York premises liability law does offer meaningful protections. Homeowners are not required to make property safe for trespassers, and courts apply the “open and obvious” doctrine to deny recovery when a hazard is plainly visible. Additionally, under CPLR §14-a, New York’s comparative negligence rules would dramatically reduce any award given a burglar’s own illegal conduct.
Can a homeowner use intentional force and still be sued in New York?
Yes — using booby traps or devices designed to harm intruders can expose a homeowner to civil liability even against a burglar in New York. While New York’s Penal Law §35.15 allows reasonable force in self-defense, pre-set mechanical devices intended to injure are generally not protected and have resulted in civil judgments against homeowners.
What is the statute of limitations for a burglar to sue in New York?
A burglar would need to file a personal injury lawsuit within 3 years of the injury under CPLR §214. However, any criminal conviction arising from the same incident could significantly affect their ability to recover in a civil case. Property owners facing such claims should consult a NY personal injury attorney immediately to evaluate defenses.