DougB
Posted : 12/6/2010 11:15:53 PM
One of my brothers lives in an area of high crime, transients, gangs. Most of the houses have high fences in the back yard, with large dogs running around. They had lots of law suits. Somebody would jump a fence after dark, get chewed on a bit, make lots of money. The residents changed the law. Now, if you are in somebodies back yard with out permission, don't even think about hurting the dog just because he has a good hold on your leg. "No trespassing" means just that. Why should a law breaker have rights over the property owner? Being stupid should have some cost attached. I imagine the bite marks will leave a lasting impression.
Lots of carry instructors and defense experts teach that the first warning shot is into the center of mass.
Duties to trespassers -Wikipedia
With respect to the duties owed to trespassers, there are two types of trespassers to consider. First, there is the undiscovered
trespasser, to whom the property owner owes only a duty not to "trap"
or wilfully harm the trespasser. As the outset, the concept of traps was
narrowly defined. More recently, courts have engaged in some
creativity, adopting a broader interpretation of a trap.
Second, there is the anticipated or discovered trespasser. To those parties, the landowner owes a duty of common humanity (See British Railways Board v. Herrington)—a duty to warn
them of deadly conditions on the land which would be hidden to them,
but of which the property owner is aware. A warning sign at the entrance
to the land will suffice for this purpose. However, a property owner is
under no duty to ascertain hazards on his property, and cannot
be held liable for failing to discover a deadly hazard which injures a
trespasser.
Furthermore, an adult trespasser who is injured while on a defendant's property cannot sue under a theory of strict liability, even if the landowner was engaged in ultrahazardous activities, such as the keeping of wild animals, or the use of explosives.
Instead, the trespasser must prove that the property owner
intentionally or wantonly injured the plaintiff to recover. The
exception is a child who is trespassing to play on ultra-hazardous items
on the land. Since these trespassers are considered "anticipated" they
are excepted under the doctrine of attractive nuisance.
A property owner may use reasonable (typically meaning nondeadly)
force to prevent a person from trespassing on his, her or its land, or
to expel a trespasser. However, a property owner may not force a
trespasser off his land if doing so would expose the trespasser to a
risk of serious injury. For example, a trespasser who takes shelter in a
stranger's barn during a powerful storm cannot be expelled until the
storm is over.
Many jurisdictions within the United States have passed statutes to modify or clarify the common law
duties owed by a property owner to a trespasser (for example, by
explicitly permitting the property owner to use deadly force to expel
trespassers).[cita