Trespassing Injuries in New Jersey | Who is Responsible?


If you are injured while trespassing, you likely have a lot of questions. An injury can take a major toll. You may be impacted physically, financially, and mentally. If you are injured due to another party’s negligence, you may be eligible to recover compensation. But what if you were trespassing? Can you still recover compensation? Read on for more information to find out who is held responsible for trespassing injuries in New Jersey.

The General Rule

For the most part, if you are injured while trespassing, the property owner will not be held responsible. But, there are some exceptions.

The Exceptions

A property owner can be held responsible for a trespasser’s injuries due to:

  • Discovered trespassers: Generally, a homeowner does not assume that someone will trespass on his or her property. As a result, he cannot anticipate that someone will become injured. But, if it becomes clear that the property is frequently used by trespassers, the homeowner cannot claim ignorance. In this case, the homeowner will have to take precautions to ensure that his property is safe. This may include placing warning signs or fixing any hazardous conditions on the property. If a homeowner knows that people will walk on the property and may become injured, ignoring this may be seen as negligent.
  • Willful and wanton contact: Even on your own property, there are certain things you should not do. For example, if you were to practice shooting a gun in your backyard and you were to hit a trespasser, you could be held responsible for willfully participating in an activity that could cause obvious harm. Additionally, it is important to understand the laws of self-defense and deadly force in your state. For example, you may be able to defend yourself against someone who breaks into your home, but not someone simply walking through your yard.
  • Dangerous dogs: Some pets are dangerous. If you have a dog that could cause harm to another pet or person, it is important to place warning signs. If a trespasser is injured by your dog, you can be held responsible.

If you have been injured while trespassing, contact our firm today. We will go over your case and determine whether you are eligible to recover compensation.


If you have been the victim of the negligence of another in an accident, please contact my office as quickly as possible following the subject accident. It is important to consult with us early on so that we may begin the process of fighting for your rights in regard to any potential claim that you may have. The process is complicated and requires the expertise of a qualified New Jersey personal injury attorney. CONTACT US TODAY!

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