Is Amazon a Trespasser?

Is Amazon a Trespasser? #lawyer #court #delivery #personalinjurylawyer

[MisterJackTheAttack]

Yeah but what shoes were they wearing?

[jamesomahoney]

What if instead of an Amozon driver.. it's a general contractor you called to fix crack in driveway?.. wearing high heel shoes..

[tylerniles]

Sorta on the same topic- but, a few months ago, myself and an assistant did a removal of a decedent from their private home in a private neighborhood with a actual security guy to check you and lift gate- no family in home just myself, my assistant, and the hospice nurse- her car is beside our van in the decedents driveway- our van is backed up, flashers on, with a sign in the windshield clearly stating “funeral director on official duty “ we’re inside maybe 15min, come out with the stretcher with decedent and our van? Gone. Like, gone. We go back in, call 911- police come out, takes like an hour to find out it was towed- another hour to have them come back with the van- they argued with the officer for probably another hour while he called for his supervisor- eventually after like 5hrs- and 6officers/deputies- they make them drop our van.
Towed because no tag…neighbors called, but no one knocked? We weren’t trespassing.

[emmelsmusic]

Sofia Vergara voice*

Oh no! You have fallen into my crack!

[lukechen]

You flipped the categories (this is literally first year torts in law school). Invitees are business visitors. Licensees are social guests. It doesn’t make any sense but that’s how they are defined.

[eas]

Now what about that Amazon driver arriving on your property and driving over your septic tank and causing you $10, 000 of dollars of damage?
But wait! Are they an independent contractor or are they in Amazon employee?
Good luck getting the runaround between them and Amazon. You will never get your answer.

[Belleplainer]

This is one of the reasons why wealthy people have gated properties. No one can just walk up to the door and "trip" on the way.

[garmanymusic]

If you're working from the common-law tort definitions of "invitee" and "licensee, " you got the definitions backwards. They're notoriously confusing, like "what do you mean, 'invitee' doesn't mean someone I invite?" But that's how it is: "invitee" refers to someone invited onto property for business purposes, whereas a "licensee" has express or implied permission, usually for social purposes. However, your case example is still generally correct; the employee would have a cause of action for failure to remedy a hazard.

[Erikhanerskucool]

Do you have to prove negligence on the homeowners part?

[whtvrrr]

I'd expect the Amazon driver to ask for consent before having his way with my crack. Even with an invite and the crack being out in the open it's pretty wild to proceed having their way with it and even sueing after? I mean was their something wrong with my crack? Safety is as much on the invitee as the owner of the crack in my humble opinion.

I'll see myself out. You all have an awesome day.

[MrRelic]

The mailperson chose to walk through a snow-covered rock garden to cut a corner and tripped instead of using the shoveled sidewalk.

[PsRohrbaugh]

This is why I've got a gate and a PO box

[MythicEditsOfficial]

What if you requested to place near garage and in the special instructions you put don’t walk up to front door there is a crack, who is liable? 🤔

[adamarket]

I’ve thought about this at some drops I do with DoorDash. One house had a gate that was under such tension it flipped back into my shins and gashing them. I didn’t do anything. Another time a house had a pointed fence and the points were so sharp, they cut my finger. I’m guessing they’d filed them intentionally. That one I thought about reporting because, you know, kids walking passed.

[EpicMale]

I'm not wealthy, but I am rural...and I have a remotely controlled front gate that only opens when I push the button in my house or in my truck. Anyone entering has ignored the No Trespassing signs and BAD DOG signs (we have livestock with guard dogs). So far, there have been no known survivors filing suit against us.

[CC-ybhg]

Yeah I had a deck like 5 feet up without a railing on one side and was told id be held liable if any delivery person or whatever fell. If it's accessible to the public and someone gets hurt on your property without doing anything illegal, you're liable

[MsLexiRodriguez]

You mixed up Licensees and Invitees. (Possibly) invitees are usually businesspersons. Licensees are generally people you invite (friends).
Love your stuff!

[blakegarcia]

I’m seeing this the day after reviewing premises liability in my torts class. Thanks for the great hypo to discuss visitor status!

[rynodragon]

Question, what if you didn’t order a package? Like, say it was the next door’s package.

[shanematthews]

So, what about an Amazon driver dropping off a parcel for a neighbour?