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Need advice on trip and fall matter

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SalvatoreRomero

New member
Not sure how it applies to my case but I kept hearing about cases where injured people can sue property owner so I thought I must ask.


My next-door neighbor likes to use the walking path between our houses to his backyard. We have interlock concrete on both sides but he doesn't shovel the snow on his side so he likes to use mine. Since my house has a walkout basement, its slope downhill.

Is he trespassing every time he walks to my side? Can I be held responsible if he injures himself?
Any one here that can give me some advice?

I'm thinking of putting up a fence to protect myself from some possible lawsuits.

Thanks!
 


adjusterjack

Senior Member
Is he trespassing every time he walks to my side?
It would help to know what state you are in. Generally, though, he is not trespassing unless the property is posted no trespassing or he is otherwise notified in writing not to step foot on your property. Look up your state's trespassing statute.

Can I be held responsible if he injures himself?
Only if your negligence causes his injuries. Unlikely for the circumstances you describe.

I'm thinking of putting up a fence to protect myself from some possible lawsuits.
That's one way. There's an old saying. "Good fences make good neighbors."

Another way is to make sure that your Homeowners Liability insurance has sufficient limits to protect your assets and then not lose any sleep over it.
 
E

Edgar 1776

Guest
I'll give you a simple answer as the above responses are just chatter: There are two general types of duties owed to people. One as an invitee (if you own a business you have a certain duty owed to customers) and a licensee ( a guest onto your property). In general there is no duty owed to a trespasser. However, a known trespasser that you are giving implied consent to use your property could be considered a licensee and you owe a licensee a duty to exercise reasonable care to warn the guest of dangerous conditions that exist on the property.
Therefore, if a known condition exists on the property and the neighbor is injured, you could be liable.
 

quincy

Senior Member
I'll give you a simple answer as the above responses are just chatter: There are two general types of duties owed to people. One as an invitee (if you own a business you have a certain duty owed to customers) and a licensee ( a guest onto your property). In general there is no duty owed to a trespasser. However, a known trespasser that you are giving implied consent to use your property could be considered a licensee and you owe a licensee a duty to exercise reasonable care to warn the guest of dangerous conditions that exist on the property.
Therefore, if a known condition exists on the property and the neighbor is injured, you could be liable.
Your “simple answer” is too simple, Edgar.

And the name of the state or, if not in the US, the name of the country, is important as laws vary from state to state and country to country, often in significant ways.
 

Just Blue

Senior Member
Your “simple answer” is too simple, Edgar.

And the name of the state or, if not in the US, the name of the country, is important as laws vary from state to state and country to country, often in significant ways.
Just as a FYI, the OP in this thread was advertising for some attorney. The commercial link was removed.
 

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