- Thread starter Chip812
- Start date
IF I trespass on your ground and fall an hurt myself you could be held liable. I could be stealing from you and get hurt an still sue you.
YOU NEED LIABILITY INSURANCE !!!!
On vacant bare ground it should not be a few hundred dollars a year added to your home owners insurance. ORRRRR do nothing and have some one get hurt an lose everything you own to them. It is your call. Million dollar loses are common in personal injure law suits.
YOU NEED LIABILITY INSURANCE !!!!
On vacant bare ground it should not be a few hundred dollars a year added to your home owners insurance. ORRRRR do nothing and have some one get hurt an lose everything you own to them. It is your call. Million dollar loses are common in personal injure law suits.
I'm an Attorney and would recommend anyone out there should carry some degree of Liability Insurance, as its not all that expensive as part of your coverage or as a rider etc onto a standard farm or homeowners policy.
What many lay persons dont understand is that just because a person is injured on your property DOES NOT MEAN YOU ARE AUTOMATICALLY LIABLE FOR THEIR INJURIES!!!!!!!!!!!! The standard my old Torts Professor drilled into us was "The Defendant has a duty NOT to expose the Plaintiff to a reasonably forseeable risk of injury"
In order for you to be held liable a Court must establish and find you 1) Owed a duty of protection,,,,,,,,2) You breached the duty,,,,,,,and 3) The breach was the proximate cause of the injury.
And in addition to all the above, there are defenses such as contributory negligence and assumption of risk etc., and the whole jury question of was the risk and injury REASONABLY FORSEEABLE from the defendants perspective.
SEE, JUST BECAUSE SOMEONE IS INJURED ON YOUR PROPERTY DOES NOTTTTTTTTTTTTT MEAN YOU ARE LIABLE
NOTE, the duty owed by the landowner varies greatly from the lesser extreme to that owed a trespasser which is extremely low other then you cant say set deadly booby traps etc,,,,,,,,to a somewhat higher degree owed to a Guest,,,,,,,to the highest degree owed to a business invitee. And theres the whole area of "an attractive nuisance" which is why homeowners with a backyard pool must exercise greater then normal care to prevent a child from wandering into their yard and fall in and drown. i.e they owe a higher duty of care to a child naturally attracted to their pool and must take reasonable measures to prevent him from being injured... Fences and locking gates etc would likely constitute reasonable measures to protect the child so as to protect the pool owner from being held liable. HOWEVER child injury cases are tough to defend REGARDLESS of what the law says. Jury sympathy and jury nullification come to mind.
HOWEVER due to the high cost of injury defense even if youre NOT found liable legal fees alone can break the bank WHICH IS A GOOD REASON TO CARRY LIABILITY INSURANCE REGARDLESS which I still do even though I could do much of the legal work myself
YES CARRY LIABILITY INSURANCE IS MY BEST ADVICE
John T BSEE, JD Country Lawyer
What many lay persons dont understand is that just because a person is injured on your property DOES NOT MEAN YOU ARE AUTOMATICALLY LIABLE FOR THEIR INJURIES!!!!!!!!!!!! The standard my old Torts Professor drilled into us was "The Defendant has a duty NOT to expose the Plaintiff to a reasonably forseeable risk of injury"
In order for you to be held liable a Court must establish and find you 1) Owed a duty of protection,,,,,,,,2) You breached the duty,,,,,,,and 3) The breach was the proximate cause of the injury.
And in addition to all the above, there are defenses such as contributory negligence and assumption of risk etc., and the whole jury question of was the risk and injury REASONABLY FORSEEABLE from the defendants perspective.
SEE, JUST BECAUSE SOMEONE IS INJURED ON YOUR PROPERTY DOES NOTTTTTTTTTTTTT MEAN YOU ARE LIABLE
NOTE, the duty owed by the landowner varies greatly from the lesser extreme to that owed a trespasser which is extremely low other then you cant say set deadly booby traps etc,,,,,,,,to a somewhat higher degree owed to a Guest,,,,,,,to the highest degree owed to a business invitee. And theres the whole area of "an attractive nuisance" which is why homeowners with a backyard pool must exercise greater then normal care to prevent a child from wandering into their yard and fall in and drown. i.e they owe a higher duty of care to a child naturally attracted to their pool and must take reasonable measures to prevent him from being injured... Fences and locking gates etc would likely constitute reasonable measures to protect the child so as to protect the pool owner from being held liable. HOWEVER child injury cases are tough to defend REGARDLESS of what the law says. Jury sympathy and jury nullification come to mind.
HOWEVER due to the high cost of injury defense even if youre NOT found liable legal fees alone can break the bank WHICH IS A GOOD REASON TO CARRY LIABILITY INSURANCE REGARDLESS which I still do even though I could do much of the legal work myself
YES CARRY LIABILITY INSURANCE IS MY BEST ADVICE
John T BSEE, JD Country Lawyer
"IF I trespass on your ground and fall an hurt myself you could be held liable."
As an Attorney I know NEVER SAY NEVER, (your "could be" statement saved your day lol) but if you trespass on my property without my persmission and provided I havent set any booby traps that hurt you or I dont have any attractive to a child nuisance such as a backyard swimming pool (and youre not a child) it would be a cold day in """" before A Court found me liable lol. It would be hard from a legal perspective to find I owed you much if any DUTY OF CARE and that I BREACHED THAT DUTY. The legal duty of care owed to a Trespasser IS VERY LOW versus to a business invitee.
Still I as an attorney strongly advise anyone to carry liability insurance because even if the risk of being held liable for an injury (NOT caused by you) a trespasser (absent my permission) suffers is extremelyyyyyyyyy lowwwwwwww the cost of injury legal defense is still huge so YES CARRY INSURANCE, I SURE AGREE.
Yes a person "could be" liable for injuries a trespasser might suffer on your land, but thats NOT on my high scale of things to worry about lists lol That Duty of Care owed to a Trespasser legal standard is gonna be hard to get around........
Very Fun Chat, thanks for your post, hope this helps
Ol John T and all in Indiana
As an Attorney I know NEVER SAY NEVER, (your "could be" statement saved your day lol) but if you trespass on my property without my persmission and provided I havent set any booby traps that hurt you or I dont have any attractive to a child nuisance such as a backyard swimming pool (and youre not a child) it would be a cold day in """" before A Court found me liable lol. It would be hard from a legal perspective to find I owed you much if any DUTY OF CARE and that I BREACHED THAT DUTY. The legal duty of care owed to a Trespasser IS VERY LOW versus to a business invitee.
Still I as an attorney strongly advise anyone to carry liability insurance because even if the risk of being held liable for an injury (NOT caused by you) a trespasser (absent my permission) suffers is extremelyyyyyyyyy lowwwwwwww the cost of injury legal defense is still huge so YES CARRY INSURANCE, I SURE AGREE.
Yes a person "could be" liable for injuries a trespasser might suffer on your land, but thats NOT on my high scale of things to worry about lists lol That Duty of Care owed to a Trespasser legal standard is gonna be hard to get around........
Very Fun Chat, thanks for your post, hope this helps
Ol John T and all in Indiana
In our case, a guy filed a lawsuit against us even though his injury was his own fault - and he never went to a doctor! We notified the insurance company and they took over the suit. Against our wishes, they made a deal to settle the lawsuit for an amount that they told us was less than the cost of going to court - - and then they promptly raised our insurance premium.
GeneMO
Well-known Member
- Location
- Pilot Grove, Mo.
If you have any type of farming operaton or farm land, and have ins., your farmowners policy will have liability ins. included in it.
I dont think they will sell a farmowners policy without liability.
In this day and age, if you own land and dont have liability, then you deserve to loose it.
Gene
Gene
I dont think they will sell a farmowners policy without liability.
In this day and age, if you own land and dont have liability, then you deserve to loose it.
Gene
Gene
JohnT just the cost to defend yourself from a frivolous suit could easily run into the thousands of dollars.
It seems lately that "facts" do not mean as much as they used to. There are too many people that think everyone but themselves have plenty of money. Especially if you are an land owner or own your own company. That jury can easily make just about any suit into the Lotto. So I will never be without a liability policy.
It seems lately that "facts" do not mean as much as they used to. There are too many people that think everyone but themselves have plenty of money. Especially if you are an land owner or own your own company. That jury can easily make just about any suit into the Lotto. So I will never be without a liability policy.
Yup, our farm has an umbrella policy. A number of years ago we had a renter in the farm house who had a 7 year old boy. He loved being in the barn and helping out. One night while Dad was milking and letting them out as he was going along, the boy was allowed to untie some of the tamer ones. At the end, Dad told him to wait while he went in the milk house.
The boy didn't, and proceeded to untie on of the last cows. We use bale twine around their necks in a tie stall barn. He grabbed the twine and then the cown brought her head up & over, twisting it around the boys finger. He screamed because it hurt, she pulled because he screamed. He screamed louder and she pulled harder, eventually pulling the tip of his right index finger right off at the knuckle.
Our insurance paid for the medical. At first they thought he was being paid o be out there, which changes the whole scope of the scenario, but after some back & forth we got it through their heads that he wasn't being paid in any way shape or form and it was just an accident.
That was close to 20 years ago now, shortly after the dad moved back to Missouri (had to evict him cause he couldn't make rent, and his family wouldn't bail him out) and I haven't seen or heard anything of the boy since then.
He could have put us over a barrel, but thankfully he was understanding and nice about it, and lets face it, a little dumb. He could have sued us and probably made a nice chunk to cover rent for a while and dig himself out at his kids expense.
Thankfully, nothing much came of it.
A 2nd cousin had a 14 year old employee not listen to him and got his leg wrapped around an auger in a feed bunk at the bottom of a silo. He got a very nice settlement out of that one...
This same cousin was attacked by a bull and put in intensive care for over a month (flight for life, the whole 9 yards)
A couple years later when he was back on his feet and woking again, he was sharpening the knives on his flail chopper underneath it with an angle grinder. Something broke (possibly the clevis on the cylinder) and it crushed him, suffocating him. That was about 5 years ago and that's what finally did him in.
He tried, but he seemed to be accident prone and that's what eventually got him.
Donovan from Wisconsin
The boy didn't, and proceeded to untie on of the last cows. We use bale twine around their necks in a tie stall barn. He grabbed the twine and then the cown brought her head up & over, twisting it around the boys finger. He screamed because it hurt, she pulled because he screamed. He screamed louder and she pulled harder, eventually pulling the tip of his right index finger right off at the knuckle.
Our insurance paid for the medical. At first they thought he was being paid o be out there, which changes the whole scope of the scenario, but after some back & forth we got it through their heads that he wasn't being paid in any way shape or form and it was just an accident.
That was close to 20 years ago now, shortly after the dad moved back to Missouri (had to evict him cause he couldn't make rent, and his family wouldn't bail him out) and I haven't seen or heard anything of the boy since then.
He could have put us over a barrel, but thankfully he was understanding and nice about it, and lets face it, a little dumb. He could have sued us and probably made a nice chunk to cover rent for a while and dig himself out at his kids expense.
Thankfully, nothing much came of it.
A 2nd cousin had a 14 year old employee not listen to him and got his leg wrapped around an auger in a feed bunk at the bottom of a silo. He got a very nice settlement out of that one...
This same cousin was attacked by a bull and put in intensive care for over a month (flight for life, the whole 9 yards)
A couple years later when he was back on his feet and woking again, he was sharpening the knives on his flail chopper underneath it with an angle grinder. Something broke (possibly the clevis on the cylinder) and it crushed him, suffocating him. That was about 5 years ago and that's what finally did him in.
He tried, but he seemed to be accident prone and that's what eventually got him.
Donovan from Wisconsin
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