Legal Question in Personal Injury in Kansas

A trespasser is not excused from getting hurt in or on open dangers. But, if the tresspasser is a minor, or the damage is hidden, purposefully placed to cause harm, or an attractive nusiance, the landlowner can be held civilly (and sometimes criminally) liable. These are some of the reasons we put fences around pools and signs on electric fenciing. Any manner of spring gun or other booby trap is an invitation to be sued and/or go to jail. An open, c\visible well, would proably not give a trespasser a basis to sue the alndwoenr shoudl they fall in whiel trespassing. But, these cases are very fact specific. It may be better to cap a wlel, or at least put up warning signs. Not all univited guest are human. There is a PRn price to pay, iof your land is on TV, because the fire department is pulling a wandering deer or horse from your well.

Good luck