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Re: Hunting accident causeing land owner to be sued!!


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Posted by John T on November 23, 2014 at 10:25:11 from (216.249.72.121):

In Reply to: Hunting accident causeing land owner to be sued!! posted by JD Seller on November 23, 2014 at 09:02:43:

J D Seller, its impossible to explain something so complicated in a few sentences, this could take entire volumes and libraries to answer, and I can't write down nor explain years of study here, but I will offer a few basics since you asked a good question farmers here may face.

YES I READ PLENTY OF CASES (when I studied Torts) and heard of such in answer to your question

Can the landowner be sued, sure but that don't mean the plaintiff prevails.

Start with this. A Defendant has a duty NOT to expose the Plaintiff to a reasonably forseeable risk of injury.

If he does have a duty, the duty is breached, and such is the proximate cause of injury, the defendant can be liable.

Whats the duty ?? To a business invitee the duty is expremely high,,,,,,,,To a guest the duty is less,,,,,,,,,,to a Trespasser theres little duty owed other then you cant create booby traps and you cant have an attraction such as a hazardous open swimming pool a child may fall into even if he's a trespasser.

So a landowner owes very little duty to a trespasser and unless he has set traps to injure its going to be hard for a Plaintiff to prevail in an action for negligence etc.

BUT THAT DOTN MEAN HE CANT SUE AND THERE ARENT FACT SENSITIVE CASES WHERE HE MAY PREVAIL GIVEN LIMITED FACT SENSITIVE CIRCUMSTANCES

Torts in a nutshell lol

AGAIN fact sensitive so don't have a calf as there can be cases ruling either way, the facts and law are critical here

John T BSEE, JD Country Lawyer


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