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Old 06-19-2018, 09:19 AM   #304
troutman
Unfrozen Caveman Lawyer
 
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http://www.casselsbrock.com/CBArticl...of____Lawsuit_

Quote:
The law on a party voluntarily assuming risk is pretty well set in Canada – there’s even an old Latin maxim that dictates the law on the matter – volenti non fit injuria. The maxim holds that no wrong can be done to a person who consents to the injury.
https://gesinjuryattorneys.com/if-so...-can-they-sue/

Quote:
It is incredibly rare for a trespasser to successfully sue a property owner for an injury, but it is not unheard of. Generally speaking, if someone trespasses on your property and they get hurt, you will not be liable. You are free from blame unless:
  • You have acted violently or aggressively toward the intruder, which causes injury.
  • You have been grossly negligent and/or expect that trespassers may enter your property. For instance, if you know about a serious property hazard and you take no steps to post a warning, you could be liable.
Occupiers’ Liability Part III: The Trespasser

https://www.sportrisk.com/2011/04/oc...he-trespasser/

Quote:
So what happens if the user is a trespasser? Canadian law has taken a generous approach in the treatment of a trespasser who is injured on private property.
https://forum.calgarypuck.com/showth...+calgary+death
[See Vlad's comments]
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Last edited by troutman; 06-19-2018 at 09:27 AM.
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