or if he hurts himself can he sue me.
I only ask this as I ran over someone's foot by accident who I didn't like, and he was on my property without being invited.
2007-06-29 08:49:04 · 10 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
You mean you run over his foot with a car?
If that's the case yes you can be sued, or even be charged with assault with a deadly weapon or even murder attempt if he claim you did it on purpose (even if that's not the case).
On trespassing you have the right to ask him out, use the force needed to take him out (not excessive force or he could sue you) or call the police (this is the best option) but you canNOT harm him unless he is armed or get violent and try to harm you.
If the property is "open" (no fence) then you must have signs indicating that that area is private property to be able to claim trespassing.
Running over someone on foot is not going to look good in front of a judge anywhere.
Try to make a deal before this get into a bigger problem.
2007-06-29 09:14:12 · answer #1 · answered by ? 7 · 1⤊ 0⤋
Did you run over his foot intentionally?
I'm going to assume you didn't do this on purpose. So, he CAN sue you but it is unlikely that he will win as he must show negligence or intent.
In general though, you cannot harm someone just for being on your property. They must present a significant threat to you, your property, or your family.
If he comes on your property uninvited and hurts himself due to negligence on your part, he can sue and probably will win. This is why you want to carry some sort of liability insurance.
2007-06-29 08:54:54 · answer #2 · answered by Goose&Tonic 6 · 0⤊ 0⤋
The only way you can harm someone that trespasses onto your property, is if you feel you are in imminent danger and can prove that. And yes, he can sue you if you injure him in anyway for trespassing, if there is no proof you were in danger. You owe a duty to people entering your property to keep it safe, the guidelines are different regarding the person that is on your property (i.e. if you invited them, if they are selling something, or if they are trespassing).
2007-06-29 09:22:25 · answer #3 · answered by Erin J 2 · 0⤊ 0⤋
Depending upon which state (or country) your property is in, you may be liable for any injury caused by "gross negligence" (e.g., hiding an abandoned well under a wool blanket), but in others you are completely exonerated from liability to trespassers. The fact you "don't like" someone doesn't make him or her a trespasser, but it could be used against you to suggest your actions (causing injuries) were malicious. You will need to speak with a local attorney to determine whether you have liability in your specific laws and circumstances.
2007-06-29 08:57:57 · answer #4 · answered by Nuff Sed 7 · 0⤊ 0⤋
It varies by state but, in general, you can use "reasonable force" on someone who is trespassing on your property. Case law determines what that is state-by-state. Obviously, this standard is used if you are in fear of bodily harm.
Needless to say, if you own a 1000 acre ranch and see someone on your property and he's 500 yards away, you cannot simply shoot him. :)
In the situation you raised, it really doesn't matter if he was there by your invitation or not. If it was an accident, it was an accident.
2007-06-29 08:56:10 · answer #5 · answered by honmani2 2 · 0⤊ 0⤋
If you purposefully ran over his foot he can sue you, and will win.
There once was this farmer in Iowa, who to avoid having thieves steal his old bottles from a shed set up a spring gun. He is a farmer no more, because he had to sell the farm to pay the medical bills of the thief he shot in knee.
2007-06-29 14:45:27 · answer #6 · answered by Anonymous · 0⤊ 0⤋
You cannot hurt a trespasser unless it is in self defence. Yes, you can be sued for harming the trespasser. Even unwanted guests on your property are supposed to be protected from harm. Unless you can allege that you were in imminent peril, you could be in legal peril.
2007-06-29 09:14:34 · answer #7 · answered by rac 7 · 0⤊ 0⤋
I think that tort law is pretty uniform on this question. A landowner only owes a duty to a trespasser not to willfully or wantonly injure him, assuming he's an adult (not a child subject to an attractive nuisance). If you intentionally run over his foot you're liable. If you are grossly negligent and run over his foot you're liable.
2007-06-29 08:58:58 · answer #8 · answered by webned 6 · 0⤊ 0⤋
No! you have to call the police. You can only harm someone if they're threating you with bodily harm.
2007-06-29 08:56:46 · answer #9 · answered by Josephine C 3 · 0⤊ 0⤋
it really depends on where you are - different states and even cities have different laws - you need to contact a local lawyer
2007-06-29 08:53:20 · answer #10 · answered by lancej0hns0n 4 · 0⤊ 0⤋