6 ms·

> As for the liability, is should go without saying that there is usually laws that release you from any liability for people hurting themselves while roaming o

> As for the liability, is should go without saying that there is usually laws that release you from any liability for people hurting themselves while roaming on your property This isn't true. A person can break into your home, fall down stairs and file a lawsuit against you.

ryanmcbride 2y ago
Do you have an example of such a lawsuit succeeding in real life outside of the movie Liar Liar?
- ryandrake 2y ago
  A lawsuit still costs money to the defendant even if it doesn't "succeed" in the end. The legal system is pretty much inaccessible to laypeople, so you need to at least hire a lawyer so they can speak the magical incantations and file the right 27b/6 form to the right clerk at the right time so you don't lose due to a paperwork technicality.
  - stale2002 2y ago
    So, to clarify, your answer seems to be "No. I do not have a single real life example of this happening"?
    - ryandrake 2y ago
      I'm not OP and didn't make any claims about "falling down stairs and filing a lawsuit". You want me to provide a generic example of someone being sued and it not succeeding? I would guess this happens daily.
      - deleted 2y ago
        [deleted]
      - xboxnolifes 2y ago
        I could sue you without ever walking onto your property. That doesn't mean anything.
  - deleted 2y ago
    [deleted]
- criddell 2y ago
  They are probably thinking of attractive nuisance lawsuits. For example, if you have a pool without a fence around it and a neighbor's kid trespasses and ends up falling into the pool, you could be found liable to some degree.
swashboon 2y ago
They don't even need to go through the work of breaking in - anyone can in fact just sue anyone for any reason at any time!
notaustinpowers 2y ago
I can also file a lawsuit because I don't like the color of your house. Doesn't mean it'll succeed in a court of law.
AmalgatedAmoeba 2y ago
You can file a suit against anybody for anything. If it’s obviously without merit, it’s likely to get dismissed pretty quickly. But there’s nothing stopping you from filing it.
virtue3 2y ago
Not really true - that case was an urban myth I believe from my own searching (as I heard about it when I grew up). Would like sources if it's true. What I did look up: "Premises liability laws generally do not extend to trespassers, such as burglars, because they do not have a legal right to be on the property. However, property owners in California may be liable for injuries caused by a crime on their property if they should have reasonably foreseen the crime and failed to take steps to reduce the risk. This is known as negligent security and can apply to crimes such as burglary, theft, and robbery. Factors that may contribute to a negligent security claim include: Broken or missing surveillance cameras, Lack of security guards, and Broken or inadequate locks."
- deleted 2y ago
  [deleted]
9dev 2y ago
If a new right to roam law was introduced, why couldn't it include a section on the release of any liability if one makes use of this right to roam? It's not like laws can't be adjusted, right?
volkl48 2y ago
Anyone can file a lawsuit for anything. Filing a lawsuit that doesn't get immediately dismissed by the judge because it has no merit, is a different question. ----- In the Northern New England states (VT/NH/ME) that have a sort of freedom to roam codified in law (basically - unposted, undeveloped property is generally free to access for low-impact uses like hiking without requiring permission) - there is broad liability protection provided to the property owner. For example, the law in VT for liability in that land access situation is only if the injury that occurs is "....the result of the willful or wanton misconduct of the owner." (and has further exemptions from even that if the injury is with regards to accessing equipment/machinery/personal property - which you're not entitled to access). You pretty much need to be setting traps or creating some truly absurd unnatural hazards to be at legal risk.

ryanmcbride 2y ago

Do you have an example of such a lawsuit succeeding in real life outside of the movie Liar Liar?

ryandrake 2y ago
A lawsuit still costs money to the defendant even if it doesn't "succeed" in the end. The legal system is pretty much inaccessible to laypeople, so you need to at least hire a lawyer so they can speak the magical incantations and file the right 27b/6 form to the right clerk at the right time so you don't lose due to a paperwork technicality.
- stale2002 2y ago
  So, to clarify, your answer seems to be "No. I do not have a single real life example of this happening"?
  - ryandrake 2y ago
    I'm not OP and didn't make any claims about "falling down stairs and filing a lawsuit". You want me to provide a generic example of someone being sued and it not succeeding? I would guess this happens daily.
    - deleted 2y ago
      [deleted]
    - xboxnolifes 2y ago
      I could sue you without ever walking onto your property. That doesn't mean anything.
- deleted 2y ago
  [deleted]
criddell 2y ago
They are probably thinking of attractive nuisance lawsuits. For example, if you have a pool without a fence around it and a neighbor's kid trespasses and ends up falling into the pool, you could be found liable to some degree.

swashboon 2y ago

They don't even need to go through the work of breaking in - anyone can in fact just sue anyone for any reason at any time!

notaustinpowers 2y ago

I can also file a lawsuit because I don't like the color of your house. Doesn't mean it'll succeed in a court of law.

AmalgatedAmoeba 2y ago

You can file a suit against anybody for anything. If it’s obviously without merit, it’s likely to get dismissed pretty quickly. But there’s nothing stopping you from filing it.

virtue3 2y ago

Not really true - that case was an urban myth I believe from my own searching (as I heard about it when I grew up). Would like sources if it's true. What I did look up: "Premises liability laws generally do not extend to trespassers, such as burglars, because they do not have a legal right to be on the property. However, property owners in California may be liable for injuries caused by a crime on their property if they should have reasonably foreseen the crime and failed to take steps to reduce the risk. This is known as negligent security and can apply to crimes such as burglary, theft, and robbery. Factors that may contribute to a negligent security claim include: Broken or missing surveillance cameras, Lack of security guards, and Broken or inadequate locks."

deleted 2y ago
[deleted]

9dev 2y ago

If a new right to roam law was introduced, why couldn't it include a section on the release of any liability if one makes use of this right to roam? It's not like laws can't be adjusted, right?

volkl48 2y ago

Anyone can file a lawsuit for anything. Filing a lawsuit that doesn't get immediately dismissed by the judge because it has no merit, is a different question. ----- In the Northern New England states (VT/NH/ME) that have a sort of freedom to roam codified in law (basically - unposted, undeveloped property is generally free to access for low-impact uses like hiking without requiring permission) - there is broad liability protection provided to the property owner. For example, the law in VT for liability in that land access situation is only if the injury that occurs is "....the result of the willful or wanton misconduct of the owner." (and has further exemptions from even that if the injury is with regards to accessing equipment/machinery/personal property - which you're not entitled to access). You pretty much need to be setting traps or creating some truly absurd unnatural hazards to be at legal risk.