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Reply to "Have you noticed people taking down their little free libraries? "
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[quote=Anonymous][quote=Anonymous]I know two friends who have both removed their front yard free library boxes recently. [b]One because their attorney said it had potential liability exposure concerns (she didn’t elaborate what specifically).[/b] I can’t imagine what that could’ve meant, it was just a little library like lots of people have. I think she bought it at a farmers market. Another couple removed theirs because they said it made them feel like they were more likely to be targeted for having it in front of their house. That’s scary too. I’m wondering if we should take ours down now. Is this something to worry about? [/quote] The legal issue likely has to do with premises liability, i.e. if someone is injured on your property. The duty of care you owe as a property owner depends on whether the visitor on your property is an invitee, a licensee, or a trespasser. You generally are not responsible for injuries sustained by trespassers, but for the other two categories you have a duty to maintain your premises in a safe condition and/or warn about risks. Someone who enters your property to access your FPL will likely be viewed by a court to be an invitee. Torts are not my practice area, and premises liability laws differ based on jurisdiction. However, if you are concerned that your FPL may make you open to liability, speak to your lawyer about it and figure out what your insurance policy covers. At the very least, be aware that you likely have a legal obligation to keep the area required to access to FPL secure against slips and falls and anything else that could cause an injury. [/quote]
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