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Injuries to People Off of Your Property
At first blush, many people may be surprised that landowners can be held responsible for injures that people get while off of the property. However, a common example of this is when a tree branch falls onto someone’s car, killing them instantly. Rabbits can come from another’s land and cause property damage. Tall grass growing along a curving road can block a driver’s view, causing an accident.
Traditional law has held that a landowner is not responsible for any damage caused by natural sources to anyone else off of the land. However, the landowner must make sure that any manmade conditions upon the land don’t “reach out” and affect people off of the land.
For example, land that has been dug, shifted, and cultivated can form mud puddles. Mud and water can then drain onto the highway, causing slippery conditions and spin-outs. Rocks that have been used to create a rock garden can topple down and roll out onto the sidewalk, which can then be inadvertently stepped on by a passerby.
Because of recent tree-falling events, many states are now changing the law. In those states, and especially in urban areas, the landowner is liable for the injuries of passersby caused by even the natural conditions of the land. This means that landowners must keep their trees pruned, and must hire experts to make sure that the trees are structurally sound.
This change in the law will make life more difficult for landowners, but may help keep the rest of us safe while walking near possibly dangerous land conditions.
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