My (loose) interpretation of one of the laws here, states that if the perimeter is conspicuously posted, (per whatever details/specifications etc.) is that a landowner has the expectation that unauthorized persons will stay out.
What is intriguing about the question is based on the above, is an owner liable if a person does trespass and is injured,(barring any intentional harm from say a booby trap or similar)?
I have, trusting in the above, carefully placed stout devices to puncture tires, when atvs became a problem. They were employed at various and limited times over the years, no danger to a rider,(well if they wiped out and landed on one) just a tire, given they project about an inch. But, lets say a person trespassed and stepped on one, and land is posted, the landowner does have the above expectation that people will stay out because the land is posted in plain sight anywhere you cross the property line.
I ambushed 2 kids on an atv late one night, used the darkness to my advantage, witnessed them committing the trespass, being overly wreckless by taking turns doing jumps off a shale hill. What if they wiped out doing that, are we liable ? I pursued them in my truck, as I chased they wiped out into a corner on wet grass and the truck bumped into the atv, I got out, they got back on, put it in reverse and drove right at me as I stood there. I backed off out of its path, they went up the hill and finally off the property, before they rounded the corner, I turned away and fired some shots into the other hill away from them, they heard the shots clearly though, and later on I was confronted for allegedly shooting at them, by each of one of them, one literally followed me home one afternoon, then called the other, confronted me on my front lawn.
What if they were injured when they wiped out on the wet grass, could the pursuer/landowner become liable for their injury, what if it was law enforcement, same situation, they get injured trying to escape being caught while committing a vehicle infraction and criminal trespass ?
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Today's Featured Article - Listening to Your Tractor - by Curtis Von Fange. Years ago there was a TV show about a talking car. Unless you are from another planet, physically or otherwise, I don’t think our internal combustion buddies will talk and tell us their problems. But, on the other hand, there is a secret language that our mechanical companions readily do speak. It is an interesting form of communication that involves all the senses of the listener. In this series we are going to investigate and learn the basic rudimentary skills of understanding this lingo.
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