2007-11-14 09:04:28 · 8 answers · asked by mellow yellow 3 in Politics & Government ➔ Law & Ethics
Rickinno is wrong. If you have a hazzardous condition on your property and it is foreseeable that someone would injure themselves, even if they are on the property illegally, then you could be liable. There are many such cases.
2007-11-14 09:50:51 · answer #1 · answered by mikegreenwich 4 · 1⤊ 0⤋
No.
To be found liable in a lawsuit requires either active wrongdoing, or culpable negligence.
Sorry, tobeloved.... that's a total urban legend. No such case has ever occurred.
Richard
Oh, and before anyone leaps in with the "MacDonald's coffee" case, that was hideously mis-reported in the press. McDonald's was *BREAKING THE LAW* by selling coffee far in excess of what New Jersey state law prescribed as the maximum legal temperature for hot drink sales, and she didn't "spill" the coffee on her lap. The paper cup fell apart because the almost boiling coffee was too hot for the glue. She was hospitalized, and needed to have reconstructive surgery to her genitals because of third degree burns.
Sorry, Mike, I disagree. Leaving your hot porridge on the table to cool while you take a walk wouldn't be culpably negligent, because it's not a reasonably foreseeable situation that someone will break in to your home and steal it while you're gone.
Cases of successful suit where a hazardous condition has injured someone who was on the property illegally have all been situations such as open trenches or holes in yards, unsafe play structures that have been 'attractive nuisances' to neighbor kids, ie: situations where the danger was known to the owner and was unmitigated, *and* the likelihood of someone being injured was reasonably foreseeable. The chances of someone breaking in and stealing your porridge during the few minutes that it's too hot is so remote that it's not negligent of someone to leave it out to cool.
2007-11-14 17:13:01 · answer #2 · answered by rickinnocal 7 · 1⤊ 1⤋
It's a very good possibility for her to win. There was a story I read once where this little old lady had waxed her kitchen floor and went to bed to let the floor dry over night. Her house was broken into by a perp and he slipped, fell and broke his hip. The perp sued her for not having the proper signs saying that the wax was wet. The perp won the case.
2007-11-14 17:22:57 · answer #3 · answered by Anonymous · 0⤊ 1⤋
No, because the story says that it was at the house of three bears. You can only win a lawsuit against humans or corporations, not bears or other animals.
2007-11-14 17:33:11 · answer #4 · answered by StephenWeinstein 7 · 1⤊ 0⤋
recent events would suggest that she would. But maybe she would drop the suit when she was served with papers for breaking and entering the Three Bears home. But maybe she would counter sue for the papers she was served with being too sharp and giving her paper cuts worth a cool $6 mil after pain and suffering.
Im not a fan of money hungry, inbreeders without souls.
2007-11-14 17:16:01 · answer #5 · answered by AZrunner 4 · 3⤊ 0⤋
She could, for sure.
There have been cases where a person broke their leg while robbing a house because the kids left a toy on the floor. And the thief won the case. Go figure, it's completely effed up.
2007-11-14 17:12:21 · answer #6 · answered by tobelove75 3 · 2⤊ 1⤋
Nowadays, sure, she'd win 2.5 mill.
2007-11-14 17:28:27 · answer #7 · answered by rickster 3 · 1⤊ 0⤋
Depends on who her lawyer is.
2007-11-14 23:35:06 · answer #8 · answered by sdkidduran 4 · 0⤊ 0⤋