I have a really mean step-brother...which one dont like. If i got hurt on his property while i was riding a four wheeler because he had logs and stuff laying around and didnt maintain his property. Could and WOuld i be able to sue him?....he is a millionarie by the way
2006-07-04 08:34:02 · 9 answers · asked by GB 1 in Politics & Government ➔ Law & Ethics
Gee, if he was letting you four-wheel on his property, he doesn't sound that mean.
You could sue him, but it sounds like you would lose. You wouldn't be hoping to four-wheel on smooth asphalt or dirt; you would be looking for uneven terrain and obstacles.
2006-07-04 13:34:20 · answer #1 · answered by A B 3 · 0⤊ 0⤋
Check with an attorney in your area, as this is a generalization, and your state law could differ.
You, as a visitor, would be characterized as a "licensee". Your brother's duty to warn for dangers that are KNOWN to him. It's his property, he can leave anything he wants to lying around (unless there is a law saying he must clean up his property, but that probably wouldn't affect you or any case you think you might have).
A licensee has no standing to sue for dangerous conditions unknown to the property owner. Since you already know he has those things lying around, you are already on notice. Also, riding a four-wheeler is something that is probably already considered hazardous. You take the risk that something could be there that hurts you when you are riding it. Also, if he or anyone could connect your posting to you personally, you might be brought up on criminal charges for fraud if you went through with going onto his property and hurting himself.
Now, assuming you weren't given permission to be on his land, you would be considered a trespasser, and a property owner is under no duty to ascertain hazards on his own property, and can not be held liable for failing to discover a deadly hazard which injures a trespasser. If your step-brother anticipates you could trespass, you would be considered an "anticipated trespasser". To those parties, the landowner owes a duty of common humanity. There is a duty to warn them of deadly conditions on the land which would be hidden to them, but of which the property owner is aware. A warning sign at the entrance to the land will suffice for this purpose. Again, however, a property owner is under no duty to ascertain hazards on his own property, and can not be held liable for failing to discover a deadly hazard which injures a trespasser.
Again, I would just forget about trying this. You could get very hurt, and go to jail (or prison).
2006-07-04 22:09:59 · answer #2 · answered by michattorney 2 · 0⤊ 0⤋
How about you just stay away from there? If it's so dangerous, don't go. But it sounds like you just want his money, and that's pathetic.
Go ahead and sue. The courts today do not place any personal responsibility on stupid lawsuits. Since yours would be the ultimate of stupidity, you'd probably get some spending cash for your ignorance and selfishness.
2006-07-04 17:01:00 · answer #3 · answered by kathy059 6 · 0⤊ 0⤋
Many states also have a "recreational immunity" for property owners who allow people to goof around on their property like this. You were four wheeling. You got hurt in a foreseeable manner. I doubt you'd win.
2006-07-05 14:44:42 · answer #4 · answered by Anonymous · 0⤊ 0⤋
If you are riding 4X4 you have an onus of care on you. Whilst he has an onus of care this has to be in reason.
I suspect you are on a looser here.
Is it cause he is rich. The moment you sue he won't like you. Sounds like you are getting to do things on his property for free and will probably benefit from his generosity in the future. Is it worth throwing it away for a slim chance of profit?
2006-07-04 16:13:19 · answer #5 · answered by Anonymous · 0⤊ 0⤋
no you can not,,, that would mean anyone can just go on his property and hurt himself and then sue him!! which is what it sounds like you want to do!! do you have permission to be riding on his property?? and you know the hazards there and that 4wheelers are dangerous!! any judge would throw the case and you out!! and whats this about maintaining his property?? to who standard?? yours? he can keep it any way he wants,,stay off of it!!
2006-07-04 15:41:39 · answer #6 · answered by fuzzykjun 7 · 0⤊ 0⤋
Now a days you can sue anyone for anything and can win almost all the time if you have a good lawyer!!!!!!!!!!!!!!!!
2006-07-04 15:37:37 · answer #7 · answered by CeCi 3 · 0⤊ 0⤋
Call a accident lawyer . Those guys are sharks.If they feel you have a case They will take it probono and take a % of what you get .If they will not take if forget it .
2006-07-04 15:43:37 · answer #8 · answered by jellybean19681993 3 · 0⤊ 0⤋
Do you want to sue? Of course you can sue...But its not the filing of a lawsuit its the WINNING and WINNING COST"S MONEY
Which he has and you dont....SUCK IT UP PRINCESS
2006-07-04 15:39:40 · answer #9 · answered by Stan B 4 · 0⤊ 0⤋