What laws protect the land owner?
Do "No Trespassing" signs have to be posted in order for the law to be upheld?
What about Hunting? If game runs across from one property line to another, and no trespassing signs are posted, can a person follow the game without breaking the law?
2006-09-26 01:52:19 · 23 answers · asked by Craptacular Wonderment 6 in Politics & Government ➔ Law Enforcement & Police
No, it should not be illegal to sue anybody, at any time, for any reason.
The remedy is not to prevent lawsuits.
The remedy is to prevent FRIVOLOUS lawsuits, and the way to do that is to provide penalties for people who file frivolous lawsuits. Throw out their lawsuits, and make them pay all legal costs for both sides, and fine them.
2006-09-26 01:53:22 · answer #1 · answered by Jim 5 · 3⤊ 1⤋
In order to answer your question, you need to let me know a couple of things:
1. What state are you in; and,
2. How was the hunter injured on your land?
Your question also asks a policy question: "Should it be illegal," as opposed to "Is it illegal . . . ." I will assume that you meant the question to be: "Is it illegal." The laws on this subject vary widely per state. In some states, if a land owner doesn't have fences and "NO TRESPASSING" signs up, they could be liable for any harm which came to hunters using their land if injured by the land. In other states, particularly in the East, where population growth encroaches on game reserves etc., simply putting up a fence may be enough to protect a land owner. You also need to realize that this area of law is well developed in your jurisdiction. Simply posit this question to a personal injury plaintiff's lawyer and he will readily know the answer in your state.
Your last question about game running from one private land owner to another is generally easy to answer. If there is a fence up, you could shoot the game across the line, but you could not go and get it, without the owner's permission. Fence = stay out!
2006-10-02 15:48:47 · answer #2 · answered by KevinMack 2 · 1⤊ 0⤋
It should be illegal, but I have heard of people burglarizing a house and the owner shot them and the burglar sued and won, that judge should be removed. We had this problem with people riding ATV and motorbikes on our land, we were scared one would get hurt and sue us, we had all the correct no trespassing signs up and they ignored them. When we would call the sheriff to make people get off the land they would get mad at us or just ignore the call even though the noise was upsetting my dying mothers rest, they did not care. We finally sold that property and gave that headache to someone else. Since the hurricane our governor passed a law that if we catch someone trying to steal our car, or break into our homes we can shoot to kill and not get sued.
2006-09-26 09:02:56 · answer #3 · answered by livlafluv 4 · 1⤊ 0⤋
There are not very many laws that protect the land owner - one reason we all pay really high land owners insurance.
You can not tract deer through someone else's property - with out the express permission of that land owner.
If they have signs posted that say NO TRESSPASSING then you need to respect the wishes of that land owner.
My dad has lots of wilderness property and catches people tresspassing all the time. My dad hunts on his property and his 6 grandchildren are always running aorund the property. Once my dad was taking the kids for a walk and they came across a hunter sitting in one of my dad's tree stands. If the kids hadn't been making so much noise - who knows the guy could have ended up shooting my dad or one of my kids.
If it isn't your land - you have no business being on it.
I think the law should say all tresspassers should be SHOT. That will keep people from invading your space and property that YOU pay for. If they want property - they should get a job and go buy their own.
Stay the hell off my property. And don't endanger others by hunting illegally on property you do not have permission to be on.
Most land owner have reasons to posting signs. It is for his/her own protection.
2006-09-26 08:58:47 · answer #4 · answered by Night Train 2 · 2⤊ 2⤋
The problem with your assumed position is that a landowner could set traps to harm trespassers, who might not even know they are trespassing. A few states, the usual redneck ones where everyone else's rights end where your rights are claimed, hold owners harmless from any damage caused to trespassers, including killing them merely for being there.
If you have "No Hunting" signes posted where huinters are likely to see them, shey should not follow game onto your property. Some states may allow following game if it has been injured but not killed, but only to finish the kill, not to go after other game.
2006-09-26 08:59:02 · answer #5 · answered by thylawyer 7 · 1⤊ 1⤋
It very much depends on where you are located. Each state in the US has their own laws regarding rights of private property owners. Florida, for instance has a pretty strong 'castle' law--where if someone is trespassing on your property, you, as the property owner, have the right to remove that person, using force, even lethal force, if necessary. Ohio has a similar law pending right now.
Where are you located? You could probably do a quick web search for the laws where you are. If you happen to live in Ohio, here's the link: http://onlinedocs.andersonpublishing.com/oh/lpExt.dll?f=templates&fn=main-h.htm&cp=PORC
2006-09-26 08:59:45 · answer #6 · answered by lucybelle 3 · 1⤊ 0⤋
I had someone break into my house and try to go out through a window with pillow cases full of my stuff. My dog is trained to let you come in but not leave. So my dog attacked and bit the guys finger off before he got away. I WAS SUED! The guy was caught with my stuff, blood was found in my house his FINGER was lodged in my dogs throat, (my dog died) The lock on my window was broke, my front door window was broke, and his finger prints were everywhere. I was sued and the guy did 15 days in jail.. THATS IT! and I never got all my stuff back. I had to pay HIS doctor bills. I had no "No Trespassing" sign up anywhere and no sign that said "I am not responsible for accidents" . So because I didnt have it posted anyone is allowed to break in? What is wrong with or legal system.
2006-09-26 09:02:16 · answer #7 · answered by Mom 5 · 4⤊ 2⤋
Depends on the laws of your state. I feel if you have your property posted no trespassing, and someone enters, and gets hurt, its on them.
I had a friend of mine, a doctor, who was waken late one night to the sound of breaking glass. He grabbed his shotgun and went downstairs to find an armed assailant sitting half in and half out of his living room window. As this person raised HIS weapon, the doctor shot him, in the left. The man was arrested, sentenced and turned around and sued the doctor for all kinds of losses, disability and such, and won in court.
Is this crazy??? You bet cause as it is now, the criminals have more rights, thanks to the ACLU, than the victims of their crimes.
2006-09-26 10:58:46 · answer #8 · answered by George C 4 · 1⤊ 0⤋
They cannot go on your land hunting without permission.And yes it should be illegal to sue if they were trespassing.
2006-09-26 08:55:08 · answer #9 · answered by cottoncandyn2000 3 · 1⤊ 0⤋
Anyone who injures themselves while trespassing and then attempts to sue should be drawn and quartered as an example of stupidity to the rest of the world.
2006-09-26 09:02:10 · answer #10 · answered by El Pistolero Negra 5 · 2⤊ 1⤋
Also, clerics and children always have the status of invited guests. By definition, they cannot be called trespassers. So if you want to be a cat burglar, get ordained first. ;-)
2006-09-26 08:58:22 · answer #11 · answered by Ever Learn 7 · 1⤊ 0⤋