I receive a lot of interesting calls on my public-service legal call-in show, "You and the Law," on WSJS 600 AM on Tuesday mornings from 9:00 am until 10:00 am. One recent call concerned matters important to many of us.
What is your duty to someone who comes onto your property?
As homeowners we have a duty to exercise reaonsable care in the maintenance of our property for the protection of lawful visitors.
If you know you have a loose brick on the steps to your front door, and a visitor turns their ankle because the brick pops out, you could be held liable.
What about someone entering your property without your knowledge?
A landowner need only refrain from the willful or wanton infliction of injury towards a trespasser.
What if you did not invite anyone to your property, but you know they are using it?
You can give implied permission to be on the land. This may raise your standard of care to the reasonable care standard, rather than the "willful or wanton action" standard.
Years ago I had a client who knew kids were racing their four wheelers down an old logging road. The owner got mad and put up a chain across the road which could not be seen at night. A teenager got hurt when his four wheeler hit the chain and threw him. This was a problem.
When in doubt, assume the higher duty of care. Talk about potential problems with your insuance company and your lawyer. And consider purchasing an all-risk umbrella policy.
This information is provided as a public service and should not be taken as legal advice upon which you should act without consulting your attorney. No attorney-client relationship is created by providing this information.
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