Oh, civil law!!...
The burden of proof in civil law is much more lax--whichever side is ruled 1% stronger (51%/100%) wins (unlike criminal law where it is based upon beyond all reasonable doubt).

As for the trespassing example, a property owner must ASSUME someone will trespass on his property. Typically, the only way a property owner would not be held liable in such a trespassing case is if he went way above and beyond to deter all trespassers--posting signs continuously, personally notifying neighbors, repeatedly calling the police to hunt down trespassers on his property, etc etc. He would have to have tons of documention of his past efforts. And if a property owner has any hazards (old wells, downed trees, etc) on his property, once again he must assume people will trespass and therefore be at risk of injury.

Civil law seems so unfair!...yet it provides a remedy for those who feel they were wronged or harmed somehow and feel they deserve more compensation than a criminal punishment can alone provide. People totally take advantage of this system but it is there nonetheless. Hence, liability insurance!!

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