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[quote user="rrnut282"] I agree with your premise that if I set a booby-trap and someone gets hurt on my property, I should accept a large portion of the fault.  I should know better and it is intended to harm.  I do not agree that I should bear an unfair (any) portion of fault if someone accidentaly injures themselves while on my property.  If someone were walking across a room in my house and they catch their foot in the deep shag carpet and clumsily trips into an end table breaking an arm, by your definition, as I see it,  it's my fault.  [/quote]But that is not my definition that you are applying to your carpet example.  I would not consider you to be at fault in that example.  I said that my conclusion is that the property owner is sometimes partially liable for death or injury to a trespasser.  I think it has a lot to do with how dangerous the hazard is, and if the owner should be expected to recognize the danger and protect others from it.  In your shag carpet example, I assume that generally you would not be held liable if it were taken to court because the hazard is relatively small and not easily anticipated.  But if I saw a missing plank leaving a hole large enough to fall through in a 180-foot high catwalk on a bridge that has a 100-year history of public trespass, I would call the railroad and tell them that somebody is going to fall through the hole.
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