Trespassing

[Givemestrength]

Pennsylvania

Can a delivery person enter a fenced area that is clearly posted "No trespassing" to make a delivery and be clear of liability? Do they have expressed permission just because they are a delivery driver to ignore the No trespassing sign? There are obvious better areas on the property to make said delivery, these better areas are clearly stated in the delivery instructions also just to avoid confusion.

 

[Zigner]

Yes

 

[quincy]

Pennsylvania

Can a delivery person enter a fenced area that is clearly posted "No trespassing" to make a delivery and be clear of liability? Do they have expressed permission just because they are a delivery driver to ignore the No trespassing sign? There are obvious better areas on the property to make said delivery, these better areas are clearly stated in the delivery instructions also just to avoid confusion.

There was a thread about this recently where the issue was discussed at some length. I will post back with a link if I locate it. But the answer to your question is a qualified yes. If instructions are provided to the delivery driver, telling the driver where the delivery should be made, those instructions should be followed. It would be unlikely that a delivery driver who failed to either notice or follow the instructions would be cited for trespassing, however.

 

[quincy]

Here is a link to the other thread I mentioned:

https://forum.freeadvice.com/threads/is-this-trespassing.663123/

 

[Givemestrength]

There was a thread about this recently where the issue was discussed at some length. I will post back with a link if I locate it. But the answer to your question is a qualified yes. If instructions are provided to the delivery driver, telling the driver where the delivery should be made, those instructions should be followed. It would be unlikely that a delivery driver who failed to either notice or follow the instructions would be cited for trespassing, however.

This area is fenced for animals that can and will escape. There is also a live stock guardian dog that could potentially take the delivery person as a threat. Does this change anything? I honestly do not see any logical reason for the delivery person to enter this area given the layout of the property, the fence, the signage and delivery instructions. I do know delivery people want to make sure the package is safe, which there are safe areas to do so. But in enter a fenced area without permission just blows my mind.

 

[quincy]

Here is a link to Pennsylvania’s trespass laws:

https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=18&div=0&chpt=35&sctn=3&subsctn=0

 

[Zigner]

This area is fenced for animals that can and will escape. There is also a live stock guardian dog that could potentially take the delivery person as a threat. Does this change anything? I honestly do not see any logical reason for the delivery person to enter this area given the layout of the property, the fence, the signage and delivery instructions. I do know delivery people want to make sure the package is safe, which there are safe areas to do so. But in enter a fenced area without permission just blows my mind.

Keep the gate to that area locked.

 

[quincy]

This area is fenced for animals that can and will escape. There is also a live stock guardian dog that could potentially take the delivery person as a threat. Does this change anything? I honestly do not see any logical reason for the delivery person to enter this area given the layout of the property, the fence, the signage and delivery instructions. I do know delivery people want to make sure the package is safe, which there are safe areas to do so. But in enter a fenced area without permission just blows my mind.

You might want to add another sign that says “deliveries in back” (or whatever) and “beware of dog” (or whatever).

A delivery driver’s sole job is to deliver packages so that the recipient gets it. The recipient’s job is to make this as easy as possible by clearing a safe path.

 

[zddoodah]

Can a delivery person enter a fenced area that is clearly posted "No trespassing" to make a delivery and be clear of liability?

Liability for what?

Do they have expressed permission just because they are a delivery driver to ignore the No trespassing sign?

What value do you think a "no trespassing" sign has? Do you put a "no grand theft" sign on your car? Do you wear a "no homicide" t-shirt? A person delivering a package isn't trespassing.

This area is fenced for animals that can and will escape.

If an animal escapes because of the actions of a delivery person, the delivery person and his/her employer could have liability. It would depend on the specific facts.

There is also a live stock guardian dog that could potentially take the delivery person as a threat.

Then you'd best comply with all applicable state and local animal control laws.

I honestly do not see any logical reason for the delivery person to enter this area given the layout of the property, the fence, the signage and delivery instructions.

OK...keep in mind that no one here is familiar with the layout or signage on your property, and no one here has read any delivery instructions. It seems to me that, if the potential for loss to your animals or potential personal injury is high, you ought to do more than just put up signs.

 

[adjusterjack]

This area is fenced for animals that can and will escape. There is also a live stock guardian dog that could potentially take the delivery person as a threat. Does this change anything? I honestly do not see any logical reason for the delivery person to enter this area given the layout of the property, the fence, the signage and delivery instructions. I do know delivery people want to make sure the package is safe, which there are safe areas to do so. But in enter a fenced area without permission just blows my mind.

Tell is what happened and why you have a beef about it.

Was this a one time thing with one delivery driver for which you notified his employer?

Or do many delivery drivers do it all the time?

 

[quincy]

… What value do you think a "no trespassing" sign has? Do you put a "no grand theft" sign on your car? Do you wear a "no homicide" t-shirt? …

Signs, like disclaimers, can mitigate damages in the event you are sued. This is a good reason to have them.