Re: Owners of zoned Agricultural land.... Liability Insurance??

Posted by John T on May 29, 2013 at 10:05:27 from (216.249.76.176):

In Reply to: Owners of zoned Agricultural land.... Liability Insurance?? posted by Chip812 on May 29, 2013 at 06:53:33:

I'm an Attorney and would recommend anyone out there should carry some degree of Liability Insurance, as its not all that expensive as part of your coverage or as a rider etc onto a standard farm or homeowners policy.

What many lay persons dont understand is that just because a person is injured on your property DOES NOT MEAN YOU ARE AUTOMATICALLY LIABLE FOR THEIR INJURIES!!!!!!!!!!!! The standard my old Torts Professor drilled into us was "The Defendant has a duty NOT to expose the Plaintiff to a reasonably forseeable risk of injury"

In order for you to be held liable a Court must establish and find you 1) Owed a duty of protection,,,,,,,,2) You breached the duty,,,,,,,and 3) The breach was the proximate cause of the injury.

And in addition to all the above, there are defenses such as contributory negligence and assumption of risk etc., and the whole jury question of was the risk and injury REASONABLY FORSEEABLE from the defendants perspective.

SEE, JUST BECAUSE SOMEONE IS INJURED ON YOUR PROPERTY DOES NOTTTTTTTTTTTTT MEAN YOU ARE LIABLE

NOTE, the duty owed by the landowner varies greatly from the lesser extreme to that owed a trespasser which is extremely low other then you cant say set deadly booby traps etc,,,,,,,,to a somewhat higher degree owed to a Guest,,,,,,,to the highest degree owed to a business invitee. And theres the whole area of "an attractive nuisance" which is why homeowners with a backyard pool must exercise greater then normal care to prevent a child from wandering into their yard and fall in and drown. i.e they owe a higher duty of care to a child naturally attracted to their pool and must take reasonable measures to prevent him from being injured... Fences and locking gates etc would likely constitute reasonable measures to protect the child so as to protect the pool owner from being held liable. HOWEVER child injury cases are tough to defend REGARDLESS of what the law says. Jury sympathy and jury nullification come to mind.

HOWEVER due to the high cost of injury defense even if youre NOT found liable legal fees alone can break the bank WHICH IS A GOOD REASON TO CARRY LIABILITY INSURANCE REGARDLESS which I still do even though I could do much of the legal work myself

YES CARRY LIABILITY INSURANCE IS MY BEST ADVICE

John T BSEE, JD Country Lawyer

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