Do you actually know someone who was sued by a trespasser who got hurt?

Discussion in 'Homesteading Questions' started by brownthumb, Jul 8, 2006.

  1. brownthumb

    brownthumb Well-Known Member

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    I often hear about property owners who are concerned about liability from trespassers. I have personally never heard of anyone ever being sued yet this remains the number one concern. I think that most people are more concerned with privacy, hunting pressure, littering, and property damage from erosion and vandalism than actual lawsuits. Have you ever known anyone who was sued due to a trespasser getting hurt or killed?
     
  2. johnghagen

    johnghagen Well-Known Member

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    A man from town who knew everyone and who we all knew,sued the mine.All the people who wanted to cut fire wood was allowed to cut wood in front of the mine as the shovel was moving that way,a month latter. And they thought it was good as it would waste otherwise.He cut his leg real bad and nearly bled to death but as it turned out no real damage,walks fine and goes to his new cabin/house on Kentuckey Lake all the time to use his new Bass boat.All of which the mine bought him after he sued them for 200,000.Now, and i dont blame them no one gets to go on there property and all because he sued and won.What possable fault could the Mine be at is beyond all of us.
     

  3. CraftyDiva

    CraftyDiva Is anybody here?

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    I knew (long passed) an elderly man who was sued by a robber, whom he shot in his home as the guy was packing up all kinds of goodies to take. The thief was convicted and doing jail time while he sued the man for shooting him which resulted in his inablity to escape and getting arrested. Would you believe? The case was thrown out of court.

    My Dad said, if you ever shoot an intruder make it count and leave no witnesses.........LOL
     
  4. palani

    palani Well-Known Member

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    Duty owed -

    To a trespasser - don't intentiionally harm them

    To a service person (meter reader, paperboy, milkman) - have to tell them about any defect or feature that might injure them.

    To an invited guest - have to fix the defect or feature that might injure them.

    On a personal note, we get darn few invited guests around here!!!
     
  5. crystalniche

    crystalniche Well-Known Member

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    We know someone who the meter reader sued because one of their guest's dog bit him. They believe the dog thought he was a threat to the young children who were outside playing at the time when this strange man came around the house walking fast.
     
  6. agmantoo

    agmantoo agmantoo Supporter

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    Yes, I was sued by a fertilizer service that delivered fertilizer on the wrong day (I was to be present) and ran into an open ditch. The case was dismissed since the service was a contract business and was covered by workmans comp. which they "maybe" had. My neighbor is sweating it out now as he had a timber harvest back in the Spring and a logger was killed and the logging owner did not have workmans comp on the crew. The logging crew did have some type of liability policy but they are not wanting to pay. I know for certain the logging company has gone out of business.
     
  7. Fire-Man

    Fire-Man Well-Known Member Supporter

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    Check this out-------2 weeks ago--a few miles from me at a friends home, a man broke in by picking up a chair and throwing it threw a window-----(To start with this was after 1am and this man had went to several other homes a few minutes before this happened--he would knock on peoples door saying he wanted to use the phone etc) Well when he busted my friends window out--my friend jumped up and grabbed his pistol---went and found the man in his home--they have a shoot-out in the house, my friend gets shot in the stomack--the thief runs out the house--my friend still poping shots at him as well as the thief shooting back--when the thief hits the yard he runs--my friend pops one more shot---hits him in the bach and kills the thief---------Yep you guessed it-------They are pressing charges against my friend and the thiefs family will probably sue. Police are saying---the thief was fleeing----killing him was wrong. I am not talking about the thief was a 100ft away--he fell dead just a few ft from the house. This is a crazy world!! Randy
     
  8. Old John

    Old John Well-Known Member Supporter

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    Well, in answer to the Question, No, not personally, but.........
    A neighbor to my brother, in SE Indiana, go sued by parents of Kids that were trespassing on their Farm, and one of the kids was severely injured.
    The Kids had even cut the fences to get into the place.

    For ourselves, we live adjacent to a State Forest. Our Insurance Agent,
    told us we could have liability if we allowed hunters to park on our land & cross over our place to the State Forest. So we posted No Trespassing signs all the way around. And refuse all requests.
    By all means, check with your Insurance people.
    You just might save some grief.
    Take care.
     
  9. MorrisonCorner

    MorrisonCorner Mansfield, VT for 200 yrs

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    Yes. A guy about 21 at the time was using the cross country ski trails which crossed our property at the time. He was, literally, standing in one place (not in motion) when he lost his balance, fell, and utterly blew apart his ankle. Bummer of an injury in someone so young.

    Anyhow we took him to the hospital, ferried his girl friend around, helped out, etc.. and the guy tried to sue us anyway!

    Under VT law we have some liability protection because otherwise no private property owner would ever allow recreation on their land. And his girl friend refused to participate on his side.. it wasn't like he hit an obstruction or was hit, or anything happened, he just lost his balance while they were chatting and fell.

    But the experience really soured me on the whole "let people use the property" thing and was a factor in our decision to close the property down a few years ago. We to this day carry a multi-million dollar umbrella insurance policy. My theory on this (backed by my lawyer) is that if an insurance company is on the hook for several million dollars in a potential settlement they will field very good lawyers to protect themselves.. and by extension.. you.
     
  10. sunshine estate

    sunshine estate Well-Known Member

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    I know someone who knew of a man who swam in his neighbor's pool after they had "shocked" it, while the pool owners were not there, and I think he had to scale a fence - these neighbors were not on good terms, and he had never been invited to use their pool...he had to be hospitalized for skin and lung damage, and tried to sue the pool owners, claiming that he was exposed while sun bathing in his own yard next to the common fence...

    I believe the case was dropped when it was proved that (among other holes in his story) the wind was blowing from a direction that would have taken any fumes away from his side of the fence...

    Also I knew someone who's neighbor was sued after a child drowned in their pool, but this was before Florida had the law requiring pools to be fenced, and there was no fences between yards, or anything...

    This reminds me, we had a 9-year-old boy get past our honking geese, went into our fenced yard with our dog (who slept through it!) and knocked on our front door! I need to get the NO TRESPASSING signs up - and I'm going to put two different type of bells (so we can know which gate to go to) next to the gates with a signs that say "ring bell".
     
  11. Mike in Ohio

    Mike in Ohio Well-Known Member

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    Yes. Without going into all the details, a group of thieves intent on theft entered a property owned by a relative. The property (no longer owned) was surrounded by 2 twelve foot chainlink fences topped with razor wire. The chainlink fences were 10 feet apart. At regular intervals on both fences were signs warning of attack dogs.

    The thieves drove their vehicle up to the outer fence and then used a ladder to brdige to the inner fence. Of course the dogs between the fences cound't get at them. When the first thief jumped down inside the inner fence, he got bit by one of the dogs on the inside. Even though they were caught in the act and were being tried criminally, the guy that got bit sued. The insurance company decided to pay a settlement rather than fight the case.

    As I have stated before, if a person trespasses they should have no rights or recourse for anything that happens to them.

    Mike
     
  12. MELOC

    MELOC Master Of My Domain

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    there was a news story on the mainstream networks several years back about a theif who used a ladder to break and enter someone's home. he fell and broke an arm or leg and sued and won. even though he was convicted for the attempted robbery, the land owner was liable in civil proceding because he left the ladder against the house causing an unsafe situation. :shrug:

    i don't know...shoot to kill?
     
  13. crystalniche

    crystalniche Well-Known Member

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    Right in our town several years ago something similar happened. A man was watching his neighbor's house while they were on vacation. He heard someone over there breaking in, ran outside and started shooting as the guy ran away. He ended up shooting and killing the guy as he jumped over a stone wall. His excuse was he was shooting over the guy's head but the guy jumped up as he leapt over the wall so the killing was an accident. He got off.
     
  14. HilltopDaisy

    HilltopDaisy Well-Known Member Supporter

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    I knew a kid who was riding his 4 wheeler on private property, and there were no tresspassing signs all over. Kid was riding at night and hit a wire that was across the path, with a "No Tresspassing" sign on it. Almost took his head off, and his family sued.
     
  15. RedneckPete

    RedneckPete Well-Known Member

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    Good for them. Wires placed in this way are KNOW to kill, and are placed like that for that purpose. If this land owner wanted to keep people out, he could have dropped a spruce tree over the trail or used any other highly visible obstacle. Anyone who have ever used an off-road vehicle knows that even with a sign on them, you would come upon a wire way to fast to react. The landowner should have been charged with attempted murder.

    Pete
     
  16. Oilpatch197

    Oilpatch197 Well-Known Member

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    Exactly, blocking the trail would have been MUCH better of an Ideal.
     
  17. Ken Scharabok

    Ken Scharabok In Remembrance

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    Which then denies me ready access TO MY OWN PROPERTY.
     
  18. emulkahi1

    emulkahi1 Well-Known Member

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    I know of a story where someone owned a farm that bordered forest service land. A frequently used forest service trail wound around the perimeter of their pasture land, where the private property owners often grazed their stud horses. Seems a lot of hikers thought it was a-ok to cross the fence to pet the animals, so the property owner had many No Trespassing signs posted all along the areas of pasture where the trail came close.

    Nevertheless, a hiker ignored the signs, went over the fence, and was injured by the stud. They sued the horse's owner....and won. Ridiculous.
     
  19. RedneckPete

    RedneckPete Well-Known Member

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    Then use some other "highly visible object" as was already suggested. I bet you will feel real good when you come across some decapitated kid. I somehow don't think you will be filled with a swelling of emotional pride because you so effectively protected your land.

    Pete
     
  20. Oilpatch197

    Oilpatch197 Well-Known Member

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    I veiw some landowners as extermist, I am sure if they kill a trespasser they wouldn't look down on it. :flame: