Quizzes & Puzzles4 mins ago
Liability For Obstruction On A Pavement.
12 Answers
Quick question;
I had a brass verge outside my home and I say put a plant pot on it.
The grass verge is not part of my property, but belongs to a third party (council or housing developer).
If someone was to say trip on the pot and it caused a personal injury to them, who would be liable?
The person (aka me) for putting the pot where it was
Or
The third party for not keeping the verge clear of obstructions, regardless if someone else cussed the obstruction?
Just curious.
Thanks in advance for any answers.
I had a brass verge outside my home and I say put a plant pot on it.
The grass verge is not part of my property, but belongs to a third party (council or housing developer).
If someone was to say trip on the pot and it caused a personal injury to them, who would be liable?
The person (aka me) for putting the pot where it was
Or
The third party for not keeping the verge clear of obstructions, regardless if someone else cussed the obstruction?
Just curious.
Thanks in advance for any answers.
Answers
Tort is decided in hindsight and reasonablene ss. If it was reasonably foreseeable that what you did could cause damage, then you may be liable. Google the neighbour principle and Donoghue v Stevenson and that will give you a decent steer.
20:30 Fri 20th Dec 2019
if you are consumed by questions like this
very impt to some I agree
then 1 ) dont put the pot down
and 2) go inside watch television
3) until the plant placing feeling goes away
any action anyway would be in negligence
and might turn on whether the pot was placed without consideration of foreseeability of damage
yes yes but - - - you will say - what about small children inveigled onto the property by the purdy flowers, and they were er poisoned by the poisonous ( but poisonous only to some) berries which only flower once in 200y ? what about THEM ? ha !
orra three legged but one armed blind old lady ( total number of limbs = four you will note) who trips over the pot and suffers unknown from a partial spondylolisthesis
a diagnosis so long that tired junior doctors have been known to fall asleep before they got to they end....
what then ? you will askwonderingly
o god I knew I shouldnt a started answering.....
very impt to some I agree
then 1 ) dont put the pot down
and 2) go inside watch television
3) until the plant placing feeling goes away
any action anyway would be in negligence
and might turn on whether the pot was placed without consideration of foreseeability of damage
yes yes but - - - you will say - what about small children inveigled onto the property by the purdy flowers, and they were er poisoned by the poisonous ( but poisonous only to some) berries which only flower once in 200y ? what about THEM ? ha !
orra three legged but one armed blind old lady ( total number of limbs = four you will note) who trips over the pot and suffers unknown from a partial spondylolisthesis
a diagnosis so long that tired junior doctors have been known to fall asleep before they got to they end....
what then ? you will askwonderingly
o god I knew I shouldnt a started answering.....
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