Thursday, 1 January 2015

if a fence is leaning over the sidewalk and i get hurt on it can i sue for it?

Question

if a fence is leaning over the sidewalk and i get hurt on it can i sue for it?



Answer

You can sue; but the more important question is whether you can do so and recover damages. Although open and obviousness premise defects don't automatically defeat a claim, a jury may find you more responsible for the accident than the property owner. You have to show the fence owner was at least 1/2 responsible in order to recover.

Please contact me if you should want to discuss in more detail



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