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  1. #1
    us
    The Pool Table Is My Yard

    Jul 2008
    WV
    Fisher F2
    1,599
    47 times
    All Types Of Treasure Hunting

    If I have a hole

    On my Property that is meant to catch a Rabbit, Or some kind of Critter... To then make myself a meal..... And Some IDJUIT That can't read the signs that read--> PRIVATE PROPERTY NO TRESPASSING.. Steps in the hole and breaks his Ankle..... Who is at Fault?

    1. He was not granted access to my property, So He is there Illegally... So If he had not been there Illegally, He would not have suffered a broken ankle...

    2.Who is at fault, The Crook ( trespasser) OR me (property owner)...

    When a sign says no trespassing...It means stay out...So if you ignore what the sign says.. And get hurt, It should be your own Dang Fault for being there in the first place... Learn To Read, Or Gain Permission...Don't be an Ignorant IDJUIT......Be Smart.....

    So What is your Take On this Matter? Some Have Got To Learn.....
    Theres A Place For All Creatures..Right Next To The Taters And Gravy..

  2. #2
    us
    May 2011
    Canastota, New York
    Whites Eagle Spectrum
    157
    13 times

    Re: If I have a hole

    I agree with you 100% but unfortunately jury's don"t always agree. Its the world we live in I guess

  3. #3
    stefen

    Re: If I have a hole

    The world, as we know it, is not perfect...nor do the laws of the land weigh in favor of the landowner.

    To purposely create a hazard disguised as a hunting-for-food excuse puts you above the law.

    Suppose for the moment that someone other than the intended trespasser is injured or you have forgotten about the hazard and someone is injured, where is the liability?

    What happens if you fall into your own trap?

    Maybe the injured person is a neighbor taking a shortcut, maybe a worker, or your kid or a friend of your kids, what then?

    The local law enforcement officer must catch the person violating the posted property...or a citizens arrest may suffice.

    Although this is a good subject, there is a line of reason that cannot be avoided.

    An injury can be healed, however, there is no cure for stupidity.

  4. #4
    us
    Nov 2010
    Pennsylvania
    Teknetics Delta 4000
    386
    3 times

    Re: If I have a hole

    i think next time you need to make the hole deeper and maybe add some metal spikes at the bottom

  5. #5
    us
    The Pool Table Is My Yard

    Jul 2008
    WV
    Fisher F2
    1,599
    47 times
    All Types Of Treasure Hunting

    Re: If I have a hole

    Quote Originally Posted by DevilDog812
    i think next time you need to make the hole deeper and maybe add some metal spikes at the bottom
    I haven't made any holes Lately, In the ground Any way...
    Just wanting to see everybodies take on this matter...

    There are some IDJUITS out there that must learn...

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    Theres A Place For All Creatures..Right Next To The Taters And Gravy..

  6. #6
    us
    Jul 2010
    Middletown, Pennsylvania
    Spectrum XLT
    213
    5 times
    Metal Detecting

    Re: If I have a hole

    On my Property that is meant to catch a Rabbit, Or some kind of Critter... To then make myself a meal..... And Some IDJUIT That can't read the signs that read--> PRIVATE PROPERTY NO TRESPASSING.. Steps in the hole and breaks his Ankle..... Who is at Fault?
    Get a lawyer posthaste.

    The trespasser may not have seen the sign, perhaps he can not read, or perhaps he was having a medical emergency was heading toward the nearest building or house where help may be found.

    Courts are notoriously liberal with personal injury.

    If you have insurance on the property of a homeowners/fire/theft type it will most likely take care of any judgment against you although your premiums are likely to rise.

    You might be required to show that the hole in question in which you say was to catch a 'critter' was strictly intended for that purpose and is a legal trapping method in your state. Such a method is not legal in Pennsylvania.

    It is illegal to set traps for human beings that may result in injury. Some years ago there was a farmer that lost a judgment as a result of a "trapping operation" that involved a string loaded shotgun that the poor man had to sell his farm to pay off the judgment against him. That was a very sad situation.
    Dispenser of sage wisdom

  7. #7
    us
    The Pool Table Is My Yard

    Jul 2008
    WV
    Fisher F2
    1,599
    47 times
    All Types Of Treasure Hunting

    Re: If I have a hole

    Quote Originally Posted by oldcoon
    On my Property that is meant to catch a Rabbit, Or some kind of Critter... To then make myself a meal..... And Some IDJUIT That can't read the signs that read--> PRIVATE PROPERTY NO TRESPASSING.. Steps in the hole and breaks his Ankle..... Who is at Fault?
    Get a lawyer posthaste.

    The trespasser may not have seen the sign, perhaps he can not read, or perhaps he was having a medical emergency was heading toward the nearest building or house where help may be found.

    Courts are notoriously liberal with personal injury.

    If you have insurance on the property of a homeowners/fire/theft type it will most likely take care of any judgment against you although your premiums are likely to rise.

    You might be required to show that the hole in question in which you say was to catch a 'critter' was strictly intended for that purpose and is a legal trapping method in your state. Such a method is not legal in Pennsylvania.

    It is illegal to set traps for human beings that may result in injury. Some years ago there was a farmer that lost a judgment as a result of a "trapping operation" that involved a string loaded shotgun that the poor man had to sell his farm to pay off the judgment against him. That was a very sad situation.
    Oldcoon, I am just specifying ( IF ) there were a hole..... Its sad that all this rediculous laws, Seem to help the Bastids out....

    What if I had a Fence 10' tall with, Razored barbwire... And signs that read Stay out... Some one cuts the fence to gain access... Then trips on the fence and breaks a leg... He just Destructed Private Property... So since he disobeyed "Stay Out" cut my fence and caught his leg on it and suffered a broke leg, He can Still Sue Me? I am just asking...




    Theres A Place For All Creatures..Right Next To The Taters And Gravy..

  8. #8

    Jul 2005
    Napoleon MI 49201
    Garrett
    927
    31 times

    Re: If I have a hole

    that is the big problem today, Too many bloody rules.

  9. #9
    us
    Mar 2011
    16
    2 times

    Re: If I have a hole

    And if you have a dog don't put up beware of dog or attack dog signs. If someone goes into your back yard over your fence and dog bites the person, even a thief your at fault. They will say you new your dog was dangerous.

  10. #10
    us
    Jul 2007
    NC
    576
    43 times

    Re: If I have a hole

    Forget the Dog

    Beware of Owner

  11. #11
    us
    The Pool Table Is My Yard

    Jul 2008
    WV
    Fisher F2
    1,599
    47 times
    All Types Of Treasure Hunting

    Re: If I have a hole

    Quote Originally Posted by NaturalJWL
    Forget the Dog

    Beware of Owner


    Quote Originally Posted by lonesomebob
    that is the big problem today, Too many bloody rules.
    That's it bob, Justice is the hand slap nowadays.... Money $$$ Money $$$ Money $$$....
    Theres A Place For All Creatures..Right Next To The Taters And Gravy..

  12. #12
    stefen

    Re: If I have a hole

    What if I had a Fence 10' tall with, Razored barbwire... And signs that read Stay out... Some one cuts the fence to gain access... Then trips on the fence and breaks a leg... He just Destructed Private Property... So since he disobeyed "Stay Out" cut my fence and caught his leg on it and suffered a broke leg, He can Still Sue Me? I am just asking...

    A fence, onviously, is meant to protect the perimeter of a property...and the concertina wire is just an added feature.

    This however, this is not the same as digging a hole in an attempt to intentionally cripple or maim someone.

    If I was on a jury and had to make a decision, I'd vote that the fence with a no-trespassing sign is up-front and in-your- face, and that the personal injury liability is not applicable.

    The hole, with or without broken bottles, spikes, nails or pungi sticks, is intentionally meant to injury a person, and there is a valid personal injury liability.

    The distinction is obvious...

  13. #13
    Charter Member
    us
    TerrysKnifeStore.com

    May 2010
    White Plains, New York
    Minelab GPZ 7000; Equinox 600 -- Teknetics EuroTek PRO -- Grave Digger Tools Nemesis shovel, Sidekick hand digger -- Bunk's Hermit Pick
    16,626
    22368 times
    Metal Detecting
    Honorable Mentions (1)

    Re: If I have a hole

    Crud! I thought this was going to be a "Hole" different thread!

  14. #14
    us
    The Pool Table Is My Yard

    Jul 2008
    WV
    Fisher F2
    1,599
    47 times
    All Types Of Treasure Hunting

    Re: If I have a hole

    Quote Originally Posted by Terry Soloman
    Crud! I thought this was going to be a "Hole" different thread!
    Sorry Terry, It is just tryng to distinguish tweeks what is legal and illegal.....

    But you can chime in with your thoughts....
    Theres A Place For All Creatures..Right Next To The Taters And Gravy..

  15. #15
    us
    Mar 2011
    NEPA
    garrett ACE350 (traded off!), minelab E-TRAC, AT-Pro
    572
    8 times
    Beach and Shallow Water Hunting

    Re: If I have a hole

    you know... if you just be quiet about it ..... and bury the body.... ...just saying...

 

 
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