[Taltarzac725]

Children trespassing... what to do? - Yahoo! Answers

I have run into this issue on dog poop threads and hope that someone will clear it up. Its seems bizarre that a person who takes their dog onto someone else's property and trips can then sue the homeowner unless there was something on the property that the owner could foresee would likely cause someone to fall. Same issue with golfers I would assume.

From above linked article:

Florida has a recreational use statute which immunizes landowners from liability for any injuries sustained by people who are on the property as long as they did not pay to be on the land. Here, the kids are on your property gratuitously (without fee) and thus their actions fall within the recreational use statute. Simply avoid doing anything willfully or maliciously to hurt them, and their injuries remain their problems.

I also found this-- http://www.americanwhitewater.org/archive/article/124/

[Villages PL]

Don't have time to read the links but the way I understand it is you are okay as long as there is no obvious hazards on your property, like a deep uncovered hole.

[Taltarzac725]

Originally Posted by Villages PL

Don't have time to read the links but the way I understand it is you are okay as long as there is no obvious hazards on your property, like a deep uncovered hole.

That is very common-sensical. I kind of got the impression that the law was anything but that. Just a joke. Sounds reasonable. Swimming pools (an attractive nuisance) without protective gates are always a problem for liability. They went over things like this heavily while I was in law school (University of Minnesota Twin Cities) but I graduated in 1989--quite a long time ago. I do not think unpicked up dog poop would be an attractive nuisance to anything but flies!

[kittygilchrist]

I don't think these sources are situations similar to ours. We are not "allowing" recreational use of our land to the public. ??

[Taltarzac725]

Originally Posted by kittygilchrist

I don't think these sources are situations similar to ours. We are not "allowing" recreational use of our land to the public. ??

You are allowing walkers, bikers, etc. on lawns in the Villages as there are no fences blocking them and the Villages management would probably have "No Trespassing" signs taken down as they are rather tacky and would not fit the aesthetic of the Villages. Hiking, dog walking, jogging, etc. would PROBABLY count as "recreational uses" as would a person coming onto your lawn to retrieve a golf ball. We live near many golf courses, walking trails, multi-use trials, etc.

I did not do a Florida case law search on this but if you read the sites I linked it does look like you would IN GENERAL not be liable for a dog walker, biker, etc. who falls and injures herself on your property, unless you contributed to causing that injury. Like hosing down a dog walker and then that person getting sick because he is all wet and the temperature is low. Or hosing down a bicyclist, her crashing her bike because of this, and then her breaking a leg or whatever.



Here is a Florida case that might be of interest-- http://asci.uvm.edu/equine/law/cases/land/dyals.htm The passenger of a driver who crashed was killed when the driver ran into some hidden stumps in a landowner's yard. These were hidden and should have been removed by a negligent landowner.

http://asci.uvm.edu/equine/law/cases/land/land.htm

[mulligan]

I just posted a small sign that says "Toxic Chemicals In Use"...seems to keep 'em away.

[Taltarzac725]

Originally Posted by mulligan

I just posted a small sign that says "Toxic Chemicals In Use"...seems to keep 'em away.

Good. These would probably cause more damage to your lawn than dog, feral cat, possum, raccoon, bear, bird, etc. poop/pee.

[kittygilchrist]

Originally Posted by mulligan

I just posted a small sign that says "Toxic Chemicals In Use"...seems to keep 'em away.

is it a commercial sign or homemade?

[kittygilchrist]

Homeowner is not liable for 'trespassing' dog walker's injuries, court rules | NJ.com

[Taltarzac725]

Originally Posted by kittygilchrist

Homeowner is not liable for 'trespassing' dog walker's injuries, court rules | NJ.com

That's good but NJ law would have little value in a FL court unless they lead you to appellate cases which impact FL courts like US Supreme Court cases, Federal appeal cases, etc.

If anyone needs a concrete answer (of course lawyers are great at just getting to the crux of the matter ) you could contact a Florida lawyer. I saw this guy's site referenced on WESH-TV and know nothing more about him. http://www.themdjd.com/premises-liability.htm

[kittygilchrist]

Who is a trespasser?

A trespasser is a person who intrudes upon another person's property for his own reasons without invitation or license and without any purpose other than self-interest (Lukancich v. Tampa, 583 So.2d 1070 [Fla. 2d DCA 1991]; 41 Florida Jurisprudence 2d Premises Liability section 60). An action against trespassers may recover both compensatory and punitive damages (Wishman v. Foster & Curry Industries, Inc., 145 So.2d 278 [Fla. 3d DCA 1962]).
Quoted from
FE111/FE111: Handbook of Florida Fence and Property Law: Visitors and Responsibilities to Visitors

[Taltarzac725]

Originally Posted by kittygilchrist

Who is a trespasser?

A trespasser is a person who intrudes upon another person's property for his own reasons without invitation or license and without any purpose other than self-interest (Lukancich v. Tampa, 583 So.2d 1070 [Fla. 2d DCA 1991]; 41 Florida Jurisprudence 2d Premises Liability section 60). An action against trespassers may recover both compensatory and punitive damages (Wishman v. Foster & Curry Industries, Inc., 145 So.2d 278 [Fla. 3d DCA 1962]).
Quoted from
FE111/FE111: Handbook of Florida Fence and Property Law: Visitors and Responsibilities to Visitors

Very good link.

I found this which might be of interest as it points out that putting something chemical on your lawn to detract dogs from coming on it may cause more urine being there.
Dogs and Lawns - UF/IFAS Extension: Solutions for Your Life

Repellents have not been proven to be effective, and may actually increase urination in some cases by dogs wanting to cover the strange smell.

[TVMayor]

Maybe we need a new club. Call it TV Law. Two nonlawyer lawyers could meet face to face to argue a case in front of a pretend jury and a retired judge living in TV could preside.

[Patty55]

Originally Posted by kittygilchrist

Who is a trespasser?

A trespasser is a person who intrudes upon another person's property for his own reasons without invitation or license and without any purpose other than self-interest (Lukancich v. Tampa, 583 So.2d 1070 [Fla. 2d DCA 1991]; 41 Florida Jurisprudence 2d Premises Liability section 60). An action against trespassers may recover both compensatory and punitive damages (Wishman v. Foster & Curry Industries, Inc., 145 So.2d 278 [Fla. 3d DCA 1962]).
Quoted from
FE111/FE111: Handbook of Florida Fence and Property Law: Visitors and Responsibilities to Visitors

Um, what damages would you like to be compensated for?

I am happy that you appear to have moved this from a criminal complaint to a civil complaint, but is it really worth spending the rest of your natural born life tied up in litigation?

[Patty55]

Originally Posted by TVMayor

Maybe we need a new club. Call it TV Law. Two nonlawyer lawyers could meet face to face to argue a case in front of a pretend jury and a retired judge living in TV could preside.

I would like to be exempt from the jury pool, I can't serve because I have an amusement park in my brain.