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Let’s first talk about what the subject of “premises liability” actually is. Basically, if a person steps foot on a property, the person will not be harmed.
Now what happens if the person does not legally own the property they live on?
It’s simple. Even though the person might not legally own it, he or she still has the legal obligation to ensure the safety of the property. The person is still responsible to a certain degree.
Say that you live in an area that gets lots of snow and ice, especially during the winter times. It is going to be in your best interest to make sure your driveway is kept clean and clear. You might have visitors that come to see you. The mailman delivers your mail to you every day. This is part of the premises liability logic. If you don’t keep your driveway clean and clear, a person could get hurt.
While the above is true, you can’t always prevent someone from being careless. Sometimes others will injure themselves on your property, while blaming it on you. Now there’s no way to escape this. You can’t control what others do and say, you can only control yourself. It’s sometimes difficult to prove what others are responsible for. In other words, you really have to have the proof to back it up.
Trespassers are not allowed on your property in any way, shape or form. So, technically they are in violation. However, you are not allowed to cause “willful damage” to these people, even if they do come on your property.
Now do you see where the contradiction comes into play here?
If you are involved in a situation where this happening, it’s best to talk to a lawyer. Never take this situation into your own hands. Many people have gotten hurt “legally” by thinking they know the law, even when they don’t.