Politician Trespasses Into House Under Construction, Breaks Leg... Sues Owners

from the crazy-lawsuit-of-the-day dept

Chris J. contributes the latest in our series of absolutely ridiculous lawsuits. Apparently NY State Senator Jim Alesi is suing a couple and their homebuilder over a broken leg he suffered. But the real story is in how he broke the leg. The couple -- who it should be mentioned are constituents of Alesi -- were having a home built. While it was under construction, but no one was there, Alesi suddenly decided to just go into the house and have a look (he says he was checking it out "for a friend.") The door was locked, but he walked around back and found a basement door that was unlocked. Once inside, he tried to climb a ladder to get to the first floor, since no stairs had been built yet... and suffered serious leg injuries, requiring surgery. And now, he's suing the homeowners and the builder.

Yes, let's repeat that. This guy trespassed, broke into someone's home (that was under construction at the time), and then broke his leg while trying to climb a ladder, and then decides to sue about it. And he's a State Senator. This was not a house that was for sale. It was not open to the public in any way. Alesi was apparently cited for trespassing at the time, and everyone involved is apparently baffled that he's suddenly suing now, for something that happened a few years ago, and on something in which it appears that he was massively at fault.

Update: Via the comments we have the full complaint and the news that he's dropped the lawsuit and issued a typical politician's apology, after members of his own party started ridiculing the lawsuit and asking him to drop it.

Filed Under: jim alesi, lawsuits, trespassing

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    average_joe (profile), 27 Jan 2011 @ 10:34am


    Whether accurate or not this is what it says in paragraph 15 of the complaint:

    15. That prior to and around the time of the incident which caused the injuries herein, the Trolley Brook Estates Subdivision was advertised as a new housing development that was open to the public.

    He was apparently planning to argue that he wasn't trespassing because the advertisement made him an invitee. An invitee is a person who enters another's property by express or implied invitation for the purpose for which the land is held open to the public. He would have to show that the ad invited people to the development to inspect the homes that were being built. If he is an invitee, the land owner owes him a duty of due care to warn him of any dangers or to make the conditions safe if a warning would not suffice. If he's an invitee, he has a good case.

    Now, if he's not an invitee, he's a trespasser. The land owner has no duty of reasonable care to a trespasser who is not known to the land owner, nor is there any duty on the land owner to discover any trespassers. If he's a trespasser, he has no case.

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