Can a Robber Sue You for Injury in New York?

Yes, New York law does not automatically bar a person from filing a personal injury lawsuit just because they were committing a crime at the time. However, courts and juries take the plaintiff's criminal conduct into account. Under New York's pure comparative fault rule (CPLR Article 14-A), a jury can assign 99% of fault to the robber, drastically reducing or eliminating any recovery.

New York does not have a blanket statutory immunity for property owners sued by criminals, unlike some other states. However, NY courts consistently hold that a trespasser or criminal actor has a significantly reduced duty of care owed to them. Property owners who use reasonable force to protect themselves or their property are generally shielded from liability, and courts weigh the plaintiff's illegal conduct heavily in comparative fault analysis.

Under CPLR §214, New York imposes a three-year statute of limitations on most personal injury claims, including any claim a would-be robber might bring. That clock typically starts from the date of the injury. Despite this legal window, the burden of overcoming contributory criminal conduct makes these claims extremely difficult to win in practice.

Document everything immediately: preserve surveillance footage, photograph the scene, collect witness contact information, and file a police report. Notify your property insurance carrier and consult a personal injury attorney as soon as possible. NY courts have strong public policy grounds to dismiss or minimize claims by plaintiffs whose own criminal acts caused or contributed to their injuries, but you need legal representation to assert those defenses effectively.