Senior Viewpoint
Dick Steinberg has resided in the city of Brookfield for 35 years. He served 34 years as municipal judge and has been an attorney for 50 years. He enjoys tennis, golf, biking and creative writing, which includes legal issues, sports, government and people.
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TRESPASSERS AND THE CASTLE DOCTRINE
Caveat: this is a subject for which i am not an expert and my conclusions may not be legally correct.
Trespassers and the Castle Doctrine in Wisconsin are entering into a world of the twi-light zone for which there are more questions than answers. the rush to judgment by the legislature to satisfy the NRA and other open/concealed gun carry proponents will have an effect on the average homeownere, like it or not.
My concern about solicitors, with or without a permit, religious advocates, sales people and kids raising money for good causes, is now coming into focus.
The website, State Bar of Wisconsin, Trespasser liability, writes about Senate Substitute Amendment 1 to SS SB 22, which awaits the signature of the Governor.
(you can read it yourself so i am just stating the parts and conclusions of my own. no doubt lawyers and others will disagree).
Basically a possessor of real property MAY not be found liable for a property condition that causes injury or death to a trespasser. a trespasser is a person who enters or remains UPON PROPERTY in possession of another without express or implied consent.
The article goes on to say that under the new law the property owner owes no duty of care to trespassers but MAY be liable for killing a trespasser without justification. there is mention of statutory self defense or the defense of others, and that the law of self defense may change under the newly proposed castle doctrine, also waiting for the Governor to sign.
The article says that this means that a possessor of real property may soon be immune from .....liability for intentionally killing a trespasser.
To make it more interesting, a concealed carry person as a license holder is considered a trespasser.......
Note: The City of Brookfield has a Trespasser law.
again, this all comes from an article written by experts in this field.
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