Jump to content


Photo

Who is responsible?


  • Please log in to reply
4 replies to this topic

#1 karthikkailash

karthikkailash

    New Member

  • Members
  • 1 posts

Posted 08 October 2012 - 05:42 AM

What if a person has an open well on their property and someone trespasses on the property and falls in the well, who is responsible?

#2 pg1067

pg1067

    Platinum Contributor

  • Members
  • PipPipPipPipPipPipPip
  • 45,185 posts

Posted 08 October 2012 - 06:17 AM

Depends on all the relevant facts and circumstances and the laws of the unidentified state where this occurred.

#3 FindLaw_Amir

FindLaw_Amir

    Platinum Contributor

  • Moderators
  • 62,345 posts

Posted 08 October 2012 - 06:43 AM

Hard to determine without having the detailed facts of the situation. You may want to discuss this issue in detail with a local Lawyer to advise you of any liability regarding this matter.
FindLaw's Legal Heads-Up! newsletter can provide you with the legal resources you need to make informed decisions when law touches aspects of your everyday life.

#4 Whitster

Whitster

    New Member

  • Members
  • 5 posts

Posted 10 October 2012 - 09:07 AM

Generally speaking, premises owners are not responsible for personal injury sustained by trespassers, particlarly for open and obvious defects on the property. However, if the injured party is a minor, the doctrine of attractive nusiance can sometimes support a finding of liability on the part of the owner, especially when the hazard will foreseeably attract children. Each state's law is different, so check with your local attorney.

Drake Law Firm
http://www.drakelawal.com
Drake Law Firm - Personal Injury Lawyers
http://www.drakelawal.com

#5 adjusterjack

adjusterjack

    Platinum Contributor

  • Members
  • PipPipPipPipPipPipPip
  • 3,290 posts

Posted 14 October 2012 - 09:07 AM

What if a person has an open well on their property and someone trespasses on the property and falls in the well, who is responsible?


If this actually happened and somebody got injured on your property you'd better darn well have reported it to your liability insurance company.

If your question is hypothetical then the answer is that it could go either way depending on the circumstances.

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.





0 user(s) are reading this topic

0 members, 0 guests, 0 anonymous users