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P. Simmons
P. Simmons, Attorney
Category: Legal
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Experience:  16 yrs. of trial experience
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I am an individual on the Board for the WI Lions Club. Vehicles

Resolved Question:

I am an individual on the Board for the WI Lions Club. Vehicles are parking on the Clubs property without permission. Can individuals of the Club Board be held liable should anything happen on the property as a result of their vehicles and trailers being parked on the property illegally. Concerned that they could come after me and my assets should a small child or teenager fall off and get seriously injured? Please address this response to the Wausaukee Lions Club Board. Thank You. Ron Rost
Submitted: 1 year ago.
Category: Legal
Expert:  P. Simmons replied 1 year ago.
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

Is the board taking action regarding this? That is, is the board causing "no trespassing signs" to be posted and having illegally parked vehicles towed?
Customer: replied 1 year ago.

We are in the process of getting signs and posting them. We don't want to be bad members of the community, but I need to let the board know if there can be serious actions that could be taken against us if there is a serious injury. Example, a teen falling off a semi-trailer bed 30+ feet long and fall on their head and be paralyzed or break an arm or leg, etc.

Expert:  P. Simmons replied 1 year ago.
Thank you

What you describe there is little to no chance of liability

Example...lets use yours...

a teen falling off a semi-trailer bed 30+ feet long and fall on their head and be paralyzed or break an arm or leg, etc.

In order for the teen or the parents of the teen to hold your organization liable, they must first prove liability. They must prove:

1. That the organization had a duty to the child

2. That the organization breached that duty

3. That the breach of the duty was the cause of the injury

They have to prove all three.

What you describe? Someone illegally parks a rig in the lot and some kid crawls up on it (I assume without permission) and does a header on the asphalt? I do not see how your organization could possibly be liable.

Now...change the facts...say you are charging money for parking...and say you are inviting kids to crawl on the cars? And the kid falls...ok...in that case, I see liability.

But not with what you describe

Just because an accident happens on someones property does NOT mean the owner is liable. The person brining suit must meet the 3 prongs I list above.

What you describe? I do not see it...I mean, you have a rule that makes parking illegal. Someone parks illegally and someone else (the teen) without permission crawls on the illegally parked car? Not illegal. ANd not a basis for liability


P. Simmons, Attorney
Category: Legal
Satisfied Customers: 26145
Experience: 16 yrs. of trial experience
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