If 1 night 2 meters of the fence on my property fell down due to the snow and someone tried to trespass because they got lost and ended up getting injured, am I liable?
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If 1 night 2 meters of the fence on my property fell down due to the snow and someone tried to trespass because they got lost and ended up getting injured, am I liable?
I have a big field and a fence covering the whole field. I had signs that said,
Asked on March 23, 2017 under Personal Injury, Alaska
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
You are most likely not liable. Liability for personal injury depends on fault--either intentionally injuring another person (which is not the case here) or negligently (unreasonably carelessly) failing to precautions to prevent foreseeable (or reasonbly predictable) injuries. However, you apparently took reasonable precautions: you fenced the land; you had warning signs up not only "all over" but specifically by the traps. The conditions that led to the injury--two meters of snow knocking down your fence *and* someone trespassing, getting lost, and not seeing the trap--are not under your control and are not likely. Based on what you write, it woud appear to be very difficult for someone to prove you were at fault and hold you liable. That doesn't mean that the injured party might not try to sue you--unfortunately, it's almost impossible to stop someone from filing a lawsuit and forcing you to respond--but the facts you describe do not support liability.
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