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What if the person is "trespassing". Can he or she attempt to sue for being injured on property they did not have permission to be on?
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Sure! It has happened before. A person can sue for just about anything, whether they win or not is a different story. Then, winning isn't an all or nothing proposition. The landowner might be found to be at XX% at fault for having a well that the wooden cover rotted on and the trespasser fell through. You can bet the lawyers (on both sides) will want paid no matter the outcome of the case.