Forgot password?
A law blog by Robert Lombardo on The Whole 9

Attorney Robert Lombardo came from the creative world and then began practicing law in 1995. The diversity of his professional life (years of which were spent in Europe, Australia and Japan) gives him a unique perspective on the law. Currently Robert is focusing on entertainment law (which encompasses nearly all creative industries) and brings this firsthand experience and desire to make the law accessible to the The Whole 9 community.

Trespassers?

Richard owns a large track of land in Fort Collins, Colorado where he works on developing a saucer-shaped balloon as an alternative form of transportation, in which “people can pull out of their garage and hover above traffic” at about 50 or 100 feet (15 or 30 m).

One day his son, Falcon, decides to take the balloon for a ride while his mother and father are out playing “wife swap.” 

Unknown to Falcon, Michaele and Tareq had hiked on to Richard’s property a couple of days earlier and were presently camping on Richard’s property without his knowledge or consent. 

As fate would have it, after traveling approximately 1000 feet, the balloon and Falcon come crashing down on Michaele and Tareq.  Falcon is confused and vomits but is, by and large, unhurt.  Michaele and Tareq are not so lucky – they are severely injured in the crash.

Tareq and Michaele sue Richard to recover for their injuries.

You are the judge.  Do Tareq and Michaele prevail?

 

Any Resemblance to Actual Events or Persons Living or Dead is Purely Coincidental.

Answer below in comments later today.

  1. No; a landowner has no duty of care to a trespasser.

    At trial, Tareq and Michaele claimed that were not trespassers but could not produce the invitation.

    If Richard had become aware that Tareq and Michaele where camping out on his property, he might be liable for not reasonably supervising his son. However, in this case, no one knew that Tareq and Michaele were on the property.

Leave a Comment

You must be a member and be logged in to leave a comment. Click here to log in or join.