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Trespassing Thoughts
By
David Day |
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Even though one who trespasses on someone else's property (by definition)
without the express or implied consent of the property owner or his or her
agent, under proper circumstances, the alleged trespasser may hold the
property owner liable for damages incurred for injuries during the ensuing
trespass. The liability must be shown to stem from negligence on the part of
the owner or operator of the property. This liability is more easily
established if the trespasser can show the owner acted willfully in causing
the injury. The property owner may also be shown to be negligent if he or she
knew or had reason to know that trespassers constantly used the property, and
the owner failed to take reasonable steps to correct the hazard or warn of
its existence.
Property owners who have known hazards on their property would do well to
take appropriate steps to either repair or correct the problem or to properly
warn anyone who might come onto the property that a hazard exists. Failure to
do so may result in an unwanted claim, even from a trespasser. |
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