Leon Richard of Farmington, ME Menacing someone with a gun will only lead to someone getting shot and someone else going to jail. Might not be who you're expecting either. A disproportionate response and inappropriate use of force raises issues of disorderly conduct, criminal threatening, and possibly aggravated assault or attempted murder if shots are fired.

Wave and act reasonably, and I'd stop for you. If I am on your land and you don't want me there, I'll leave politely. Menacing or threatening me isn't going to go well for either one of us. And none of us needs that kind of thing. Acting in a threatening manner, waving a gun around, I am leaving and not coming back either. Until you're down street without your gun, and in a more reasonable mood. Then we might speak of the incident, reasonably.

Nobody has risen to answer my question posed in the first post. If the nitwit doesn't care about "NO ATV" signs, what makes anybody suspect he's going to care anymore about "NO TRESPASSING" signs?

Fairly simple question, really. And, if he's not going to care anymore about "NO TRESPASSING" signs than "NO ATV" signs, what's the point in posting the land "NO TRESPASSING"? Unless it's what you really wanted to do in the first place, but would be castigated and embarrassed to do so, "without good reason" by abutting landowners and neighbors.

Post your land, outside of the immediate 500 ft or so of the house. Don't go on or use anybody else's land. Most certainly stay off from mine. I can't use yours, you're not welcome on mine. And stay out of parks and public lands too. You don't get yours exclusively, and everybody else's too. Share and share alike.report abuse

Leon Richard of Farmington, ME Appendix to my prior post.

Maine Revised Statutes. Title 14, Part 1, Chapter 7, subsection 159. Limited liability for recreational or harvesting activities

In short. The law in the state of Maine awards legal fees to property owners who prevail in a lawsuit filed against them by anyone injured on their property while engaged in a recreational pursuit, defined below.

B. "Recreational or harvesting activities" means recreational activities conducted out-of-doors, including, but not limited to, hunting, fishing, trapping, camping, environmental education and research, hiking, recreational caving, sight-seeing, operating snow-traveling and all-terrain vehicles, skiing, hang-gliding, dog sledding, equine activities, boating, sailing, canoeing, rafting, biking, picnicking, swimming or activities involving the harvesting or gathering of forest, field or marine products. It includes entry of, volunteer maintenance and improvement of, use of and passage over premises in order to pursue these activities. "Recreational or harvesting activities" does not include commercial agricultural or timber harvesting. [2001, c. 113, ¤2

A defense attorney has only to file for summary dismissal and finding of fact. The plaintiff was in fact trespassing, engaged in a recreational pursuit. The defendant prevails in these cases unless he has done something deliberately to make the situation unreasonably dangerous. The plaintiff will be responsible for legal fees for the defendant.

When the trespass is on a signed ATV or snowmobile trail, the state of Maine indemnifies the landowner and the ATV or Snowmobile club against actions or harm as a result of an injury to someone.

We've had these lawsuits before. They get dismissed right out of the gate. The only exception is a motor vehicle accident, where common law prevails.

Attempts are made nearly every year to modify this. Include this group or activity or exclude that one. Leave it alone.report abuse

reader of Portland-Boston, ME Appendix to my prior post:
very similar to what happen in Massachusetts decades ago,someday someone is going to get hurt while atv riding,hiking,snowmobiler on private property and sue the owner,then your really going to see Maine way of life chance in a big way.report abuse

Leon Richard of Farmington, ME 1. "Tough Cookie" should have been "Tough Crap". You caught me. Oh no. I feel so foolish.

2. Are you sure the defendant and the victim know each other, and the people down to the court know who each is? Maybe he wouldn't be appointed, and the idiot on the ATV couldn't read, therefore won't be reading this story.

3. Maybe, there is a slim possibility, I might have been being facetious?

4. Who says landowners are not strictly liable?

http://janus.state.me.us/legis/statutes/14/title14sec159-A.html

Type that into the address space of your web browser and read all about it. In short. Yes, if a trespasser is injured on your property the can file suit. However, the law SPECIFICALLY denies any duty toward the trespasser on the part of the landowner. It also makes the plaintiff (trespasser) liable for the defendant's (landowner) legal fees in the event the court finds in favor of the landowner.

The only exception is a deliberate and malicious action on the part of the landowner. (i.e. burying spiked timbers in the ground on the trail), stringing a cable across the trail without markings, signs, and other safety measures.

Someone gets injured on your land while there engaging in recreational pursuits, you owed them no duty to make sure the premises or they were safe. Other than to not do anything deliberately or maliciously to make it dangerous.report abuse