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evanesq, Lawyer
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Experience:  19 years of experience.
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If a property in Michigan has been condemned and has a no trespassing

Resolved Question:

If a property in Michigan has been condemned and has a no trespassing sign as well as the condemned sign securely affixed to the property
(stating that it is dangerous to enter) before the alleged incident and someone even a police officer breaks into and enters the locked and boarded up secured property and injures him/herself. Is the owner liable for a claim of personal injury?
Submitted: 3 years ago.
Category: Real Estate Law
Expert:  evanesq replied 3 years ago.
What state do you live in?
Customer: replied 3 years ago.
Michigan
Expert:  evanesq replied 3 years ago.
It's interesting, because in law school, we learn about the "spring gun" case, where a hunter, who owns a lodge, sets up a gun in the front door that is set as a trap with a spring- you open the door, and the gun shoots. Even with a sign out front, the owner was held liable, because he created an inherent risk. More similar to your case, owners of pools are responsible for people drowning when there is no fence or other action taken to secure the pool, because it is an inherent risk.

Your situation is somewhat different from both cases- because you didn't create anything- it's the nature of the thing. You attempted to secure the property- you boarded it up, and posted signs. Personally, I would have liked to see a "Danger" sign posted, but if you secured the property and posted "Condemned" (which infers danger) and "No Trespassing" signs, I think you will be fine.

Now, if the officer entered the house because he perceived an emergency situation (which he can do without a warrant) it may get a little sticky with no warning of the danger. but I still think you have enough to prevail.

But that's what judges are for- to determine situations of degree- where there is no black or white- the question being, "did you do enough?"

Good luck. If you have more questions, please reply. Otherwise, kindly click the green "Accept" button to close this thread. Best wishes.
Expert:  evanesq replied 3 years ago.
Do you have more questions? If so, please reply. Otherwise, kindly click the green "Accept" button to close this thread. Best wishes.
Expert:  evanesq replied 3 years ago.
I've noticed that you still have not accepted my answer. Please be advised that while you have made a deposit with JustAnswer.com, those funds are not transmitted to me until you click the green "Accept" button. Promising to make payment, you've asked a question, and I've answered it to the best of my ability. If you have more questions, please let me know. Otherwise, kindly go back and click the green "Accept" button so that I can receive payment and credit for my work. Thank you.
Expert:  evanesq replied 3 years ago.
Again, I've noticed that you still have not accepted my answer. Were you dissatisfied with my response? If you need clarification, please let me know, because our goal as JustAnswer.com experts is to provide clear and useful legal information to our customers.

If there is nothing further, please do as you primised when you made your deposit. Click the green "Accept" button so that I can receive payment and credit for my work. Thank you.
evanesq, Lawyer
Category: Real Estate Law
Satisfied Customers: 957
Experience: 19 years of experience.
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