Fall

[BBourassa]

I live in a typical residential neighborhood
and had a garden hose streched across the public sidewalk to water the grass on the outside of the sidewalk. A woman walking on the sidewalk tripped over the hose and fell.
She is an elderly woman out for a walk with her family after nine o'clock at night, it was quite dark out.
Am I liable for her injuries?
Shouldn't her family or herself bear some responsibility for her personal care when out walking at night?

 

[lawrat]

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

I am going to tell you two things:

1. From what I know generally, if you obstruct the sidewalk, you cannot make her go around. I.e. public sidewalk.

2. It may be different in your state with specific rules. So I don't think you put your state down, I am going to teach you how to go about finding this:


Go to the freeadvice.com homepage and at the top by freeadvicelive you will see state statutes. Go there and click on your state. Look up key words like sidewalk trip and fall, etc and see what it says.

Good luck.

 

[prairielaw3]

It will depend on all the facts and your state's laws-so it always wise to consult with an attorney but it is possible there could be some liability on your part that would have to be compared with any liability on the part of the victim for not looking where they were walking. Please inform your homeowner's insurance about the incident.
George Senteney

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George H. Senteney
Prairielaw.com
"More people helping people with the law than anywhere."

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by BBourassa:
I live in a typical residential neighborhood
and had a garden hose streched across the public sidewalk to water the grass on the outside of the sidewalk. A woman walking on the sidewalk tripped over the hose and fell.
She is an elderly woman out for a walk with her family after nine o'clock at night, it was quite dark out.
Am I liable for her injuries?
Shouldn't her family or herself bear some responsibility for her personal care when out walking at night?
<HR></BLOCKQUOTE>

I agree with the comments made by lawrat and George. My opinion is that since you restricted the sidewalk with the garden hose and it was late at night and dark, you have a lot more responsibility than the lady. I would say that you are the procuring cause of her injuries. Hose defendant 99% liable, elderly lady plaintiff 1% liable (for walking at night) She is entitled to get some fresh air and exercise without having a garden hose on the sidewalk.