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Not a lawyer, but an important part of why those lawsuits can happen is under the idea that you invited someone onto your property, therefore, you have a duty to ensure they're safe when they accept that invitation. Places open to anyone, like a restaurant or grocery store, have an implied invitation because they want everyone to come inside and spend money.

So if someone jumps your fence and breaks their leg walking through your property, you didn't invite them there, you aren't intending your land to be open to the public, so the onus would theoretically be on the traveler to cover their own bills.

They could sue anyway, sure. But they can do that right now without any legal changes anyway, it would just be under well established law and they likely wouldn't win.



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