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HSB 35 injuries to a trespasser

Do you support HSB 35 injuries to a trespasser?

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Fishbonker

Life Member
This bill would limit the liability of a land owner for any injuries suffered by a trespasser on their land. The only part that makes me scratch my head is the part about any injuries suffered after you know some is trespassing:

"and to use reasonable care to avoid injuring the trespasser after that trespasser’s presence becomes known."

In other words, if you have an old well/cistern with an "iffy" cover and you don't change the cover to better protect a trespasser from falling through after you know you've been trespassed, are you then liable? If you have a trespasser on camera so you realize someone has been there without your permission, he comes back another day and falls into your well are you liable because you knew someone was trespassing therefore you should take every precaution possible to protect him?

Maybe my electric paranoia is out of control but I can see how this could get bent sideways and you'd end up living on the street while a scumbag lives in your house.

Or maybe it just means you can't accidently run him over with your vehicle when you see him walking across your field with a hand full of sheds.

https://www.legis.iowa.gov/legislation/BillBook?ba=HSB35&ga=87

This is actually a study bill and hasn't been actually filed as a regular bill.
 
I would like to understand this one much better too. It is already law that you cannot set booby traps, etc, for trespassers...but beyond that, I would be VERY leery of any language that could, or WOULD, at some later time be distorted to somehow protect and/or potentially reward a trespasser. You wanna be safe...stay off of land that you shouldn't be on.
 
It looks pretty good to me. The way I read it is you would be covered if a trespasser fell into you old well since they should not have been there in the first place. You owe them nothing as far as a warning or a solid top like you would to someone there by permission. It does look like if you were to discover a trespasser then it is on you to warn them about any dangers as they leave your property.
 
Never have figured out why anyone would ever have to pay for a trespasser injury or medical bills...not invited you get hurt and that is your cost, and a trespassing ticket to boot.
 
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