<BLOCKQUOTE><font size="1" face=" Arial, Verdana, Helvetica">quote:</font><HR>Originally posted by lawrat:
I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.
Very easy. YOu counter sue for trespass. See, you didn't know she would jump the fence and you did go to great lengths to protect the property (gates/fences). She decided to take it upon herself to commit an illegal act.
Trespass is the mere act of going onto someone else's property; placing an object on someone else's property and/or placing someone else on that property. Now, here, she was an unknown trespasser. Which means, you don't owe her anything and actually can recover statutory damages for her simply going onto your property. The cause of action for which you would sue is trespass.<HR></BLOCKQUOTE>
My response:
Sorry, Lawrat. The woman's whole theory, if you re-read our writer's post, is that the woman is basing her action for damages upon misrepresentation, and that she had, at the very least, implied consent to be on the property. Remember, our writer said that she was there to consider purchasing the horse, and that "it was very mild to ride, anyone could ride the horse" or words to that effect.
Also, her cause of action is further based upon our writer's negligence for failure to supervise and failure to warn of the danger.
IAAL
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