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  1. #1
    Join Date
    Aug 2008
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    5

    Default 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?

  2. #2
    Join Date
    Mar 2005
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    Michigan
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    28,906

    Default 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.

  3. #3
    Join Date
    Aug 2008
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    5

    Default 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)

  4. #4
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    Michigan
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    28,906

    Default 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.

  5. #5
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    Aug 2008
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    Default Re: Injured in a Disused Commercial Building

    My question involves an injury that occurred in the state of: OR

  6. #6
    Join Date
    Sep 2005
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    98,846

    Default 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.'"

  7. #7

    Default Injured in a Disused Commercial Building

    I take that you were trespassing? Generally speaking landowners have no duty to trespassers. The owner can't lay "man traps" (i.e. a pit with spikes, a moat with alligators, or a gun set to fire if a door opens) but short of that...

    You aren't a minor so there's no "attractive nuisance".

    That's the common law rule anyway. There are probably some circumstances where you might be able to get some damages. This isn't legal advice - ask a lawyer familiar with this law in your state for more info.
    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 /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...
    Store parking lots are made available to the public. People using them are invitees. In any case, you will go nowhere if your argument is that stores have liability to people who use their parking lots without permission so this building owner should be liable to me. You could make the same argument about ANY case where a trespasser is injured. You'd be asking the judge to disregard literally hundreds of years of established law. That is not likely to happen.

    This isn't legal advice, check with a competent lawyer in your state for more info.
    Quote Quoting cyjeff
    View Post
    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.
    There probably doesn't even have to be a "no trespassing" sign. If you're on property that isn't yours without permission then you're a trespasser whether you know you're trespassing or not.

    It is possible that some states have laws that impose some liability if landowners know that people have been injured frequently and the cause of the harm would be very easy to remedy, or if the property is unusually hazardous but looks like a public road etc. I'm just guessing. In any case that doesn't appear to be the situation here.

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