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Injured in a Disused Commercial Building

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  • 08-22-2008, 08:40 PM
    httpwww
    Injured in a Disused Commercial Building
    I suffered an injury in a wide open, abandoned commercial/industrial building. It is an obvious drinking hang out spot by looking at things left all over the place.

    The building has been furnished for recreational activities by people who go there to play, no signs or attempts made to prevent access, so it's accessible to anyone and people are using it like a public park.

    I'm not a minor....

    If you look at it, it's obvious that it's being used as a "hang out".

    I'm looking to recover nothing more than the medical cost after attorney's fee.

    Do I have a case for a proximity cause for leaving the premise readily accessible with no noticeable effort made to prevent it from becoming a hang out spot/playground?
  • 08-23-2008, 10:00 PM
    aaron
    Re: Injured in a Disused Commercial Building
    As you were told when you posted, laws are different in each state. Beyond that, we don't know how you were injured. You don't automatically get money for getting drunk and hurting yourself while trespassing.
  • 08-24-2008, 02:30 AM
    httpwww
    Re: Injured in a Disused Commercial Building
    To clarify, I was not drinking, if that matters.
    To keep protect the case, I'd rather not mention the state at this point.

    Although here's some additoinal questions. If the premises are so open and accessible to anyone, and its recreational use is so obvious to anyone who lives nearby and there was nothing being done to prevent access would that reasonably constitute consent, thus create duty of care to keep it safe or close it up completely for the owner? This is not the actual case, but let's say a large parking lot is abandoned. People start using the lot or the attached building in a very conspicuous way

    The area is kept accessible, ie. you can just walk drive/walk.

    Would that constitute trespass anymore so than, say you park in the bank's parking lot to go to the barber shop across the street with no intent of patronizing the bank, then trip on a big pothole and injure yourself on the bank's premises.

    Would that person be considred trespasser or an invitee as they had no lawful busisness to be on the bank's parking lot? (i.e. does not have an account at that bank, the bank was obviously closed that day)
  • 08-24-2008, 03:25 AM
    aaron
    Re: Injured in a Disused Commercial Building
    If you don't want to identify the state, as laws are different in each state, you need to go to a lawyer in your state and have your lawyer evaluate your case.
  • 08-24-2008, 03:40 AM
    httpwww
    Re: Injured in a Disused Commercial Building
    My question involves an injury that occurred in the state of: OR
  • 08-24-2008, 04:45 AM
    Mr. Knowitall
    Re: Injured in a Disused Commercial Building
    Oregon landowners owe a minimal duty to trespassers:
    Quote:

    Quoting Denton v. L.W. Vail Co., 23 Ore. App. 28, 35, 541 P.2d 511 (1975)
    "One entering or remaining on premises in the possession of another without a privilege to do so may hold the possessor liable for an injury suffered while on the premises only where that injury has been inflicted 'wilfully or wantonly.'"

  • 08-24-2008, 06:42 AM
    cyjeff
    Re: Injured in a Disused Commercial Building
    Further, be prepared to explain why you were in a building that was obviously off limits.
  • 08-24-2008, 03:06 PM
    httpwww
    Re: Injured in a Disused Commercial Building
    Quote:

    Quoting cyjeff
    View Post
    Further, be prepared to explain why you were in a building that was obviously off limits.

    I wouldn't say it was obviously off limits. It has been retrofitted by users for recreational use. Completely wide open access to premises, the building, access road.

    Is it equally "obviously off limits" when those semi-trailer /RVers are frequently parking in Wal-Mart when they come, sleep, then leave without going inside at all, but one of them injures himself on the lot? would they be "privileged" because people are doing this and store is aware, and is not showing objection or "without privilege" as Wal-Mart don't provide their parking lot as "camp ground"

    I see it as former...
  • 08-24-2008, 03:11 PM
    cyjeff
    Re: Injured in a Disused Commercial Building
    Quote:

    Quoting httpwww
    View Post
    I wouldn't say it was obviously off limits. It has been retrofitted by users for recreational use. Completely wide open access to premises, the building, access road.

    Is it equally "obviously off limits" when those semi-trailer are frequently parking in Wal-Mart when they come, sleep, then leave without going inside at all?

    I see it having had left open for community use.

    There is a vast amount of difference between owners of private property opening a building to the public and squatters vandalizing it for their own purposes.

    Again, what was your reason for being in an abandoned building? What LEGAL purpose did you have for trespassing?
  • 08-24-2008, 03:14 PM
    cyjeff
    Re: Injured in a Disused Commercial Building
    One more thing...

    When the owner of a semi parks in the lot of a private business, that business owner has the right to charge them for the use of that lot or to make them leave.

    What did the owner of the property you were in say when you asked him/her if you could party in his abandoned building?

    If the owner didn't know you were there and had posted ONE sign that stated "no trespassing", you were somewhere you shouldn't have been.

    Just because your buddies turned it into a rave location doesn't mean that they own it now.
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