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It may have to do with the attractive nuisance laws which means the owner is strictly liable even if he keeps gates locked and such. We have a pool in our backyard. Even with a high fence, we are strictly liable if someone climbs over the fence and drowns in our pool. The fact they trespassed doesn't matter.
It may have to do with the attractive nuisance laws which means the owner is strictly liable even if he keeps gates locked and such. We have a pool in our backyard. Even with a high fence, we are strictly liable if someone climbs over the fence and drowns in our pool. The fact they trespassed doesn't matter.
I have a really good looking neighbor. I might be tempted to break through his bedroom window tonight and if I cut myself on the glass, I'm goin' to Vegas baby, yeah!
It's his fault for being attractive. Had he put bars on his windows this wouldn't have happened.
It may have to do with the attractive nuisance laws which means the owner is strictly liable even if he keeps gates locked and such. We have a pool in our backyard. Even with a high fence, we are strictly liable if someone climbs over the fence and drowns in our pool. The fact they trespassed doesn't matter.
Are you sure whomever told you that got it right? Because it didn't sound quite right to me so I googled a bit.
Because attractive nuisance laws apply to children as defined as being too young to recognize the danger. (certainly wouldn't apply to these two)
Also in most cases having a tall locked fence is sufficient defense for the homeowner.
It may have to do with the attractive nuisance laws which means the owner is strictly liable even if he keeps gates locked and such. We have a pool in our backyard. Even with a high fence, we are strictly liable if someone climbs over the fence and drowns in our pool. The fact they trespassed doesn't matter.
Thats a great point. pools around here require a lockable fence surrounding the pool, but if someone trespasses and somehow is injured, drowns, etc. the owner is STILL liable legally.
It may have to do with the attractive nuisance laws which means the owner is strictly liable even if he keeps gates locked and such. We have a pool in our backyard. Even with a high fence, we are strictly liable if someone climbs over the fence and drowns in our pool. The fact they trespassed doesn't matter.
Quote:
Originally Posted by rstevens62
Thats a great point. pools around here require a lockable fence surrounding the pool, but if someone trespasses and somehow is injured, drowns, etc. the owner is STILL liable legally.
Do you all have any laws, court rulings, etc, that you can refer to for this? Because outside something extreme, a locked fence will protect the liability of a homeowner from a trespasser regarding a pool. The attracted nuisance thing usually only applies to children also.
Thats a great point. pools around here require a lockable fence surrounding the pool, but if someone trespasses and somehow is injured, drowns, etc. the owner is STILL liable legally.
Do you have any examples of this? What state?
I just find this really interesting and I'm aware that some states just have laws that almost none of the other states have.
We need more details so I started googling. I want to see pictures of the women and I want to know what they do for a living. Are these two people who make critical decisions that affect other people on a daily basis? Haven't found that info yet. Apparently, the lawsuit has been dropped... at least for now, but could be refiled.
The 'hot coffee' thing gets brought up quite a bit.. Which.. Honestly, there's more to it than most people realize.. But this..
Perhaps the women should get sued for illegal trespass causing injury and the courts could order them to pay the exact amount of the cost of their injuries back to the property owner.
I heard the whole McDonald's story, and still wasn't convinced the lady should have received compensation.
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