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  1. #11
    Posting Addict ClairesMommy's Avatar
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    Quote Originally Posted by AlyssaEimers View Post
    I am torn on this. I think in situations of trespassing, you should be held liable for if something happens to you while on someone else's property. For example, if you trespass onto someone's land and then fall in a whole and twist your ankle, it is your own fault for trespassing and should not be able to sue. On the other hand there are times when I think the natural consequences of your actions are more than enough punishment for your crime. For example, there was recently a story in the local news of a young mother who left her baby sleeping while she was cooking dinner. She needed something (I forget what, maybe an egg or cup of butter) and ran next door to the neighbour's house. While gone the house burnt down and in it the baby died. I feel her pain and suffering of a lost child was more than enough punishment for her and she should not have been charged with anything. (I am not sure if she was charged or not)

    I hope this made sense.
    That's not necessarily true, believe it or not. In many states and provinces the owner of the property being trespassed on has a legal responsibility to ensure the safety of the trespasser. I know. Y'all are gonna go no way, but it's true. The example you gave, depending on where you live, is a perfect example of the opposite being true. There have been many cases (albeit mostly in the US because it's the most ridiculously litigious country on earth) of for example, a burglar suing the home owner because the garage door came down on him while he was making off with the loot, or someone not welcome on your property who slips on ice and breaks a leg. Yeah, all real cases and in many the plaintiff wins. It's absolutely r*tarded.

  2. #12
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    Quote Originally Posted by ClairesMommy View Post
    That's not necessarily true, believe it or not. In many states and provinces the owner of the property being trespassed on has a legal responsibility to ensure the safety of the trespasser. I know. Y'all are gonna go no way, but it's true. The example you gave, depending on where you live, is a perfect example of the opposite being true. There have been many cases (albeit mostly in the US because it's the most ridiculously litigious country on earth) of for example, a burglar suing the home owner because the garage door came down on him while he was making off with the loot, or someone not welcome on your property who slips on ice and breaks a leg. Yeah, all real cases and in many the plaintiff wins. It's absolutely r*tarded.
    I know it is the case many times, I was saying that IMO, it shouldn't be. My parents have a huge amount of land in NY (181 acres) that is over run with deer. They would love to let people come and hunt the deer, but don't want to be liable if something happens. They are also afraid that if people trespass and hunt anyway they will still be responsible if something happens.

    ~Bonita~

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    Community Host wlillie's Avatar
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    Your parent's should be able to rent the land and call it a lease. My husband does that with his but I don't know where he got the contract releasing him from liability if they hurt themselves or someone else while hunting on his land. It brings in just enough to pay the property taxes on it and they usually get the max allowed that year.

  4. #14
    Posting Addict ClairesMommy's Avatar
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    Quote Originally Posted by AlyssaEimers View Post
    I know it is the case many times, I was saying that IMO, it shouldn't be. My parents have a huge amount of land in NY (181 acres) that is over run with deer. They would love to let people come and hunt the deer, but don't want to be liable if something happens. They are also afraid that if people trespass and hunt anyway they will still be responsible if something happens.
    We worry about that too. We have a bunch of land and there's been a few times we've gone out to the 'farm' as we call it and up pulls a truckload of hunters, right down the road with the 'private property' signs. Makes me nervous that they're hunting around there with my kids playing.

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    We were always kept inside during hunting season because no matter how many signs they posted people hunted anyway.

    ~Bonita~

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