Are we liable and/or can we press charges for criminal tresspassing?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Are we liable and/or can we press charges for criminal tresspassing?
We are the leaseholder to a deer hunting property. Someone we know had his daughter go down and throw a party and things were vandalized, including a logging truck that belonged to a local in the area. The windows, head and tail lights were busted out and doors and hood where crushed in, as well as holes put in the big gas tanks on the back and other property damage. I had no knowledge that they were going to be at the property. Am I liable because I am the lease holder or/and can I press charges for criminal trespassing?
Asked on September 30, 2011 under Criminal Law, Georgia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
1) Just being the lease holder does not make you liable for criminal or negligent damage done by others; you would only be liable if you were at fault, such as if you had invited the people to throw a party on the property (then you could be responsible, since damage like you describe is a foreseeable outcome of such a party.) But if they came and acted without your permission or even knowledge, you should not be liable.
2) If they trespassed on land which you leased--i.e. were on it without permission--you should be able to press charges for trespassing and probably should do so, to reinforce that they were not there with permission.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.