Results 1 to 10 of 12

Hybrid View

  1. #1
    Join Date
    Aug 2008
    Posts
    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)

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    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.

  3. #3
    Join Date
    Aug 2008
    Posts
    5

    Default Re: Injured in a Disused Commercial Building

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

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    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.'"

  5. #5
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Injured in a Disused Commercial Building

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

  6. #6
    Join Date
    Aug 2008
    Posts
    5

    Default 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...

  7. #7
    Join Date
    Mar 2007
    Posts
    9,096

    Default 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?

  8. #8
    Join Date
    Mar 2006
    Location
    I live here. Actually in a little area called the Knob. In Ohio
    Posts
    292

    Default Re: Injured in a Disused Commercial Building

    Quote Quoting httpwww
    View Post
    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...
    Actually Walmart can call the police on the semi-trailer/RVers that use their lot as a truck stop/ rest area. Truckers are not allowed to sleep in those lots and if they do it's up to the management to ask them to move or have the police come out and remove them. You can't just walk into a commercial building and decide to make your own play area just because it's vacate and then sue the owner if you get hurt. You were trespassing!

    1. Sponsored Links
       

Similar Threads

  1. Towing: Car Was Towed from a Restuarant Parking Lot Shared with Another Commercial Building
    By MONKEYMANN in forum Moving Violations, Parking and Traffic Tickets
    Replies: 6
    Last Post: 06-20-2011, 05:23 PM
  2. Traffic Accidents: Injured When Hit By a Commercial Vehicle
    By IwasScrewed in forum Accidents and Injuries
    Replies: 3
    Last Post: 09-16-2010, 11:45 AM
  3. Eviction Process: Commercial Building Tenant Issues
    By bayarea1 in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 09-25-2009, 01:54 PM
  4. Average Sales Commission For Commercial Building In Pennsylvania
    By beekrock in forum Buying, Selling and Conveying Real Estate
    Replies: 1
    Last Post: 01-17-2008, 06:22 PM
  5. Business Issues: Termination of Commercial Building Lease
    By jmwslt in forum Business Law
    Replies: 3
    Last Post: 12-14-2006, 05:58 PM
 
 
Sponsored Links

Legal Help, Information and Resources