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From: jeff@rtech.ARPA (Jeff Lichtman)
Newsgroups: net.legal,net.politics
Subject: Re: Victim liability - Assembly bill AB 200
Message-ID: <384@rtech.ARPA>
Date: Sun, 12-May-85 02:25:01 EDT
Article-I.D.: rtech.384
Posted: Sun May 12 02:25:01 1985
Date-Received: Mon, 10-Jun-85 04:29:53 EDT
References: <5225@fortune.UUCP>, <2160@sun.uucp> <440@wjvax.UUCP>
Organization: Relational Technology, Berkeley CA
Lines: 32

> This item was found in the editorial section of the San Jose Mercury News
> on Monday May 6.  It speaks for itself although I am not positive of the
> validity of the statements or the incidental consequences of the bill
> AB 200.
>   
> >Assemblyman Alister McAlister is trying again, this year, with a bill
> >(AB 200) sponsored by the California Farm Bureau Federation and ACTIV
> >(Alliance of California Taxpayers & Invovled Voters) to end property
> >owner liability to criminals.
> > 

Does anyone know what type of criminal action on the part of the injured
would absolve the property owner from liability under AB 200?  Would the
crime have to be a felony?  Would the criminal have to be uninvited?

Imagine that some kid sneaks into my back yard to set off firecrackers,
and falls into my well.  Would I have no liability under AB 200, because
the kid entered my property to commit a crime?

Imagine that someone I invited into my home was carrying an illegal weapon,
and my rickety bookshelf fell on him.  Would I have no liability under AB 200,
because the injured party was committing a crime on my property?

I think that such a law should be written so that I would only be absolved
from liability if the accident wouldn't have occurred had the injured party
not been breaking the law.  Is AB 200 written this way?
-- 
Jeff Lichtman at rtech (Relational Technology, Inc.)
aka Swazoo Koolak

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