Originally posted by bdg100
Your son throws a baseball through my window.
You give your guest too much to drink and he proceeds to kill me while driving home.
Someone breaks into your home and you have a shotgun rigged to shoot anyone attempting break in.
A child trespasses on your yard and breaks her neck while jumping on your trampoline.
A trespasser on your property falls in a hole and breaks his leg.
The mailmain slips and falls on your icy sidewalk.
Your neighbors two year old daughter is bitten by your pit bull and seriously injured.
You are permantly disabled because the driver of an eighteen wheel truck owned by Wal Mart slams into the back of your vehicle.
Darn frivolous law suits.
You're kind of all over the place with your examples.
The robber who is shot by the shotgun and the trespassers who are injured are breaking the law to begin with and it would be a lot harder for them to file their claim. If "NO Trespassing" signs are visible and prominent, the injury claims wouldn't carry much weight. The guy breaking into the house can only claim injury if I don't have a license to have the gun.
The mailman who slips and the child injured by my pet are my responsibility because they were presumably not on my property illegally, and they have a reasonable expectation of safety.
If my son breaks a window, it's his responsibility, not mine. He'll be the one paying for it out of his savings, and he'll be the one in small claims court, if it goes that far. In the drinking example, I am only liable if it was clear to me, as my guest left, that he was drunk and unable to drive. If he appeared sober and competent, then we're in the gray area.
And Wal-Mart is only responsible for my injuries if they knowingly put an incapacitated or incompetent person behind the wheel. Otherwise, it's the driver's fault.
The only examples here that I would not consider "frivolous" are the child injured by my pet and the trucker who paralyzed me. IMO
