Originally posted by csa Also in most places in the US, if someone is hurt on your property, the landowner can be held responsible.
I am not a lawyer, but if that person is trespassing, then you're not responsible. Stores and properties open the public inherently don't involve trespassing. Your sidewalk (and driveway, as far as delivery agents are concerned) for instance, are areas open to the public, so if someone injures himself on your poorly maintained sidewalk, then he's got you. But if he jumps your fence and falls into a hole in the backyard...that's on him. Well, there is an exception: you need your property to be reasonable. For instance, if there's an open hole in the ground, that's not unreasonable. But if you dig a hole and cover it with leaves to act as a booby trap...that's not.
Standing invitations are also where you run into trouble. My parents have had trouble with the kids next door; my father has had to yell at the kids to get off their property. If he sees them there and permits them to stay on multiple occasions, he may end up liable for injury because his lack of request that they leave may constitute implied permission to enter the property at will. But if he's made it clear they are not welcome, then he's off the hook.
Same goes for dogs. Your dog bites someone on the street or an invited guest in your home, you're liable. But if someone breaks in and the dog chews him up...too bad for him. I once heard of a case where dog A got went onto dog B's (fenced) property and B mauled A. The owner of A sued for bills; it was ruled that since B was on its own property, B's owner was not responsible for the injuries.
Of course, liable or not, someone can still sue. You can only countersue for legal costs if the suit is frivolous or malicious. The case has to be dismissed during summary judgment for you to recover costs. If it goes to trial and you prevail on merits, then you have to pay your own bill. Other countries have laws that the loser gets stuck with the whole bill; makes people a lot less sue happy.
About the only thing you can do is file trespassing charges. You basically have them dead to rights on it: if they admit in a deposition they were on the property (which they must to be injured), then...well, they've legally admitted guilt. At that point, you just need the police to do something about it for you...