Barbara Erdman Webboard User Reg: 10-20-2005
Posts: 335
Loc: Long Island
Offline
I think that enter at own risk is an implication of danger.
Quote:
I believe in Florida that if a dog bites someone who is on the property uninvited or, if invited, turns to teasing the dog or attacking the dog/owner, the dog/owner is not held liable. That's how it's written on the books, however.
I like Florida's laws <img src="/ubbthreads/images/graemlins/cool.gif" alt="" /> If only it wasn't so hot and the bugs weren't so big <img src="/ubbthreads/images/graemlins/shocked.gif" alt="" />
Quote:
Since when did we turn away from protecting ourselves to protecting the ignorant, stupid, and money-grubbers?
Since lawyers became rabid <img src="/ubbthreads/images/graemlins/blush.gif" alt="" />
I recently graduated law school and was about to type you up an excellent reply on the negligence claim of premises-liability when I remembered that the State Bar does not allow me to give legal advice without my license and even then restricts me from giving advice on the internet to those who live outside the State I practice in.
However, I can and will tell you that you should look up the following:
1) Negligence theory of Premises Liability;
2) Duty to Trespasser, Licensee, and Invitee;
3) Duty to Exercise Reasonable care;
4) Duty to warn of latent dangers that the occupier of the land knew of or reasonably should have known.
5) Affirmative Defenses
Hopes that helps some...wish I could do more than point you in the right direction. Of course, with luck I'll have my license to practice in October and those of you from Michigan can give me a call.
Good Luck.
"Utility and intelligence." Rittmeister Max Emil Friedrich von Stephanitz.
Wendy Lefebvre Webboard User Reg: 12-08-2005
Posts: 1271
Loc: Stoney Creek , Ontario, Canada
Offline
What about a No Trespassing sign?
I read somewhere that if you have that posted, and someone does trespass and is confronted by your dog, your not held responsible as you do have a no trespassing sign posted, and that person chose to still enter the property.
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Re: I've been REALLY stupid :-/
[Re: Diana Matusik ]
#106666 - 05/16/2006 06:31 PM 
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Re: I've been REALLY stupid :-/
[Re: Barbara Erdman ]
#106667 - 05/16/2006 07:16 PM 
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