As twisted as it seems, some lawsuits do get won in these circumstances.
Quite a few years back, a fellow that owned a great deal of property/orchards back this way was sued over the following:
A trespassing party, on a motorcycle, who had clearly ignored, signs, blockage, etc. had rounded a turn and crashed directly in to the land owner's tractor rounding the same turn in the opposite direction. He was injured badly and his family succesfully sued the landowner. He was very embittered over this and it showed the rest of his days.
g.