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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 27198
Experience:  Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
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My inlaws are worried about a trespasser coming onto their

Customer Question

my inlaws are worried about a trespasser coming onto their land and falling out of one of my tree stands I use for hunting purposes. Is this a legitimate concern or are they protected by wisconsin's recreational use statues.
JA: The Criminal Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: no
JA: Please tell me everything you can about this issue so the Criminal Lawyer can help you best. Is there anything else the Criminal Lawyer should be aware of?
Customer: nothing else, I don't my inlaws worrying about it.
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Submitted: 5 months ago.
Category: Criminal Law
Expert:  Lucy, Esq. replied 5 months ago.


I'm Lucy, and I'd be happy to answer your questions today.

Under common law rules, the only obligation a property owner owes to a trespasser is not to injure them maliciously or intentionally. They can't booby trap the tree stands so they fall on trespassers, but they're not liable if a trespasser happens to get injured. There IS an exception, though, if they have reason to believe that the tree stands are particularly attractive to children (because children aren't expected to know when they're in danger). If there are kids in the area who might try to use the tree stands, then they have an obligation to fix or make safe any condition they know is reasonably likely to cause injury. That could involve something like removing the ladder when the tree stand is not in use, or covering it so people cannot climb it.

It's important that you are 100% satisfied with my courtesy and professionalism. Thank you.

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