If I have a hole

[poorhunter78]

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.....

 

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[wstgo]

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

 

[stefen]

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.

 

[DevilDog812]

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

 

[poorhunter78]

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...

 

[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.

 

[poorhunter78]

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...

 

[lonesomebob]

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

 

[raider rich]

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.

 

[NaturalJWL]

Forget the Dog

Beware of Owner

 

[poorhunter78]

Forget the Dog

Beware of Owner

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

That's it bob, Justice is the hand slap nowadays.... Money $$$ Money $$$ Money $$$....

 

[stefen]

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...

 

[Terry Soloman]

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

 

[poorhunter78]

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....

 

[mfitzy111]

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

 

[goverton]

Best solution for you, rabbit , and trespasser....put up sign saying...."Big Hole is HERE"

Where there are Lawyers, there is Money to be made

 

[Scott (Mich)]

Don't mention anything about you digging a hole.....Hole? Oh that must have been dug by a woodchuck. I know nothing about a hole being there. I had no trespassing signs posted. Apparently the woodchuck was too stupid to read too so he trespassed, At least he didn't break his ankle. Go sue the DNR for letting too many woodchucks run loose. Like I say, I no nothing about no hole, I just know that you were on my land without my permission, I think you damaged my lawn. You need to compensate me....

 

[NaturalJWL]

The Difference Between a Lawyer and a Catfish:

One is a bottom dwelling scum sucker.

The other is a fish.

 

[NOLA_Ken]

Animals dig holes all the time, and people fall in them occasionally. The problem is that more often than not, the trespasser can sue, and win for injuries they sustained while breaking the law.....what a great system eh? If only the courts would tell them "Well you had no business being there to get hurt in the first place"

 

[dld]

dig your hole, put up a sign "don't step in Hole" high in a tree so you have to look up to see it.
If some one steps in it you can say you had a sign warning about the hole