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Trespassing on Private Pier and Insurance Liability
Posted on 8/25/16 at 9:06 am
Posted on 8/25/16 at 9:06 am
If someone trespasses on a pier on private property and gets injured/dies, is the owner of the pier liable? Does posting a "No Trespassing" sign waive any liability?
6
Posted on 8/25/16 at 9:08 am to Tear It Up
Slippery slope there
Posted on 8/25/16 at 9:12 am to Tear It Up
quote:
If someone trespasses on a pier on private property and gets injured/dies, is the owner of the pier liable? Does posting a "No Trespassing" sign waive any liability?
Keep some gators in a pen off of the pier. hopefully they fall in thus eliminating the evidence
i would put up the sign just to deter people from the pier. better than nothing. i don't know the legalities
This post was edited on 8/25/16 at 9:13 am
Posted on 8/25/16 at 9:13 am to Tear It Up
Depends on the each state's laws, I am sure. In Louisiana someone trespassing, for the most part, can not sue if they are hurt.
Posted on 8/25/16 at 9:30 am to wickowick
I don't think trespassing is all that important to the analysis, but I get very few cases involving that kind of issue. Check out the Recreational Land Immunity statute.
Posted on 8/25/16 at 9:35 am to djangochained
quote:
Slippery slope there
not if you scrub it every now and then with bleach to get the green slime off it
Posted on 8/25/16 at 9:38 am to Tear It Up
state laws vary. in any case, the more signs and notices and hurdles you make to make it harder for people to not know and deliberate acts of trespassing the better your case would be.
Posted on 8/25/16 at 11:49 am to Tear It Up
We deal with this in Grand Isle all the time, as our camp is on the corner of the canal and everyone kind of just meanders down to our pier. Pops just installed security cameras all over the place that he can monitor from his phone and the DVR compresses and archives the footage for a very long time.
Posted on 8/26/16 at 11:08 am to SetTheMood
We have this problem in Dularge. Show up to the camp and people are fishing off the dock. Put up signs and it has helped. Can't use security camera's out in the marsh, but game cameras might help monitoring some. I would like to know the liability as well.
Posted on 8/26/16 at 12:13 pm to AlxTgr
Need a lawyer to interpret this:
The way I read it is I wouldn't be liable if I permit someone to use my pier, so hopefully I wouldn't be liable if it is a trespasser.
quote:
B.(1) Except for willful or malicious failure to warn against a dangerous condition, use, structure, or activity, an owner of land, except an owner of commercial recreational developments or facilities, who permits with or without charge any person to use his land for recreational purposes as herein defined does not thereby:
quote:
(c) Incur liability for any injury to person or property caused by any defect in the land regardless of whether naturally occurring or man-made.
The way I read it is I wouldn't be liable if I permit someone to use my pier, so hopefully I wouldn't be liable if it is a trespasser.
Posted on 8/26/16 at 12:32 pm to cgrand
quote:nice
Slippery slope there
not if you scrub it every now and then with bleach to get the green slime off it
Posted on 8/26/16 at 1:23 pm to Tear It Up
I think that's from the statutes on recreational liability. Typically, a land owner, or dock owner, owes no duty to a trespasser other than to not have a hidden man-trap. You can still get sued by a trespasser, but it will get thrown out fairly easily. Put up signs, maybe have a camera to catch repeat offenders. Obviously I am just some dude on a message board, so take that for what it's worth, which is nothing.
Buddy of mine has cameras that feed to his phone. Said it's crazy, people will pull up in boats, get off, sit on their swing, eat lunch at the picnic table and leave. fricking nervy.
Buddy of mine has cameras that feed to his phone. Said it's crazy, people will pull up in boats, get off, sit on their swing, eat lunch at the picnic table and leave. fricking nervy.
Posted on 8/26/16 at 2:28 pm to Tear It Up
I grew up on the water (in LA) and we had a small dock way off to the side of our house. We had the dock insured for this very reason you're asking about. We were told we were liable.
Posted on 8/26/16 at 2:30 pm to BrotherEsau
quote:
Buddy of mine has cameras that feed to his phone. Said it's crazy, people will pull up in boats, get off, sit on their swing, eat lunch at the picnic table and leave. fricking nervy.
Sounds like it would be fun to rig the swing and picnic table to shock them...
Posted on 8/26/16 at 2:33 pm to Mouth
It depends on the state, but generally speaking it is an attractive nuisance and you can be found liable even if you have signs. Two things: 1) Make sure you are insured. If you are, it's the insurance company's problem. Typically plaintiff's lawyers will figure out the amount of insurance you have and stop there, because insurance company's usually settle. 2) Do everything you can do legally deter it - signs, gates, lights, alarms. The more you have to dissuade trespassers, the easier it is to fend of the liability.
Posted on 8/26/16 at 3:18 pm to wickowick
quote:And that's how a landowner gets sued by a trespasser...a man-trap if you will.
Sounds like it would be fun to rig the swing and picnic table to shock them...
Posted on 8/27/16 at 7:35 am to Cooter Davenport
It is definitely not an attractive nuisance.
It's not even a nuisance.
*Disclaimer: I'm just some guy on a message board. This is not legal advice.
It's not even a nuisance.
*Disclaimer: I'm just some guy on a message board. This is not legal advice.
Posted on 8/27/16 at 8:21 am to wickowick
quote:
Depends on the each state's laws, I am sure. In Louisiana someone trespassing, for the most part, can not sue if they are hurt.
For the most part a landowner owes no duty to trespassers. You cannot intentionally injure or entrap them, though.
Posted on 8/27/16 at 12:55 pm to AlxTgr
Just put a warning sign out: "This dock is dangerous AF. Stay off or you will be severely injured."
Posted on 8/27/16 at 6:29 pm to Mung
I have 6 pecan trees on the back of my lot. There is access from the main road to this part of my lot without having to come into the neighborhood. I was advised to by a lawyer to put signs up posted. I still have to run democrats off but hopefully I'm covered if one of them catch a widow maker stealing my pecans!
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