Harry owned a 250 acre tract of unimproved land near Comfort in the Texas Hill Country. The property was fenced but local young people kept cutting the fence so they could ride their All Terrain Vehicles (ATVs) (four wheelers) on the property. Harry kept repairing the fence and put up large no trespassing signs, but the break-ins continued. After six months of regular break-ins, Harry decided to take matters into his hands. The ATVs had created a track that they followed. Harry dug large holes in the track, large enough that an ATV would be disabled when it hit the hole. He dug several of these holes on the regularly used track and then covered them up so that they could not be seen by an ATV driver. The next Saturday, Ernie and several friends cut the fence on Harry's property in order to go ATVing. Ernie was in the lead and was going approximately 35 mph when he hit the first hole. The ATV flipped when it hit the hole and landed on top of Ernie. Ernie survived but was paralyzed from the waist down. He sued Harry for negligently causing his injuries. Eddie will:

2. Win because Harry intended to cause him severe bodily harm.
4. Win because Harry had a duty to protect trespassers from unreasonable risk of harm
6. Lose because Ernie was trespassing and Harry had no trespassing signs up.
8. Lose because Harry has a constitutional right to protect his property in any manner he chooses.
10. 3 & 4 are correct.

Answer rating: 100% (QA)

Answer Option 3 and 4 are indeed correct 3 Lose because Ernie was trespassing and Harry had no tresp... View the full answer