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I was hit by a car while out walking, but the driver stated that he couldn’t see me because the brush in the ditch had grown up so high. Is the owner of the land or the county liable for my injuries?
This answer depends on who is in control of the ditches where you were hit. If the owner was responsible for maintaining the ditches, then the owner may be partially liable; likewise, the county may be partially liable if the county regularly mows the ditches.
If the landowner is to be held liable, any injury accidents are called “premises liability” accidents– that the property owner had a duty to keep the ditches mowed and that duty was owed to you. (The burden of duty is one of the elements of “negligence”; without a duty, there can be no negligence.)
How you prove premises liability depends to a large degree on where you live since the law varies from state to state. But to prevail, some basic key issues that you have to prove are: (1) the premises contained a dangerous condition; (2) the landowner knew (or should have known) about this dangerous condition; (3) that the landowner should have foreseen that someone might be hurt because of the dangerous condition; (4) the landowner negligently allowed the condition to continue and this condition was the cause of your injury. The key issue, and the most difficult to prove, is whether the property owner could have reasonably anticipated that someone could get hurt. (For example, if the entryway into a grocery store is slippery because of rain, ice or snow, someone will get hurt.) In your case, you must show that the landowner should have known that not mowing the ditches would result in reduced visibility on the road. The determination of whether a property owner allowed a dangerous condition and could reasonably foresee someone getting hurt is often resolved by a jury after presentation of evidence and argument at trial. (Your case will be strengthened if you bring pictures of the area and the brushes in the ditch.) Many property owners have liability insurance that covers premises liability situations. The driver of the car will probably also share in the liability as he had a duty to drive carefully in an area where his view of the side of the road was obstructed by grass and brush.
You should consult with an attorney as soon as possible about your case in the event that a government entity, such as the county, is responsible for the ditch not being mowed. Then you must find out if the responsible government entity is immune from a lawsuit. Very little time is given for personal injury claims involving governmental entities and you will want to protect your rights by filing timely. |
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