Accident on personal property

UPDATED: May 18, 2009

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Accident on personal property

During a cookout, someone got on my husband’s scooter without permission, rode it around the yard, and wrecked it. We didn’t even know he was riding it until he had already wrecked. He was also too large to be riding the scooter. He injured his shoulderr and supposedly has had 2 surgeries to fix it, but it is still not right. The second surgery was due to his own negligence, he did something that messed the first surgery up. This was 7 months ago. Can they come back on us, even though he was not given permission to ride it, and we did not know he was riding it until the crash occurred?

Asked on May 18, 2009 under Personal Injury, Indiana


J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Although I am not admitted to practice in your state as a general rule you are responsible for what happens on your property, regardless of having knowledge or giving permission. I know it seems to be a very unfair law and it often times does not make sense that is how it goes.

What I advise you do is contact your insurance company and speak to them, any claims would have to go through your homeowners insurance. You also may want to call a local attorney and see about having a free consultation to discuss the specifics of this situation.

As far as having contributed to the second surgery that is an issue you would use in a defense if the case ever got to that point. At this juncture you should simply see about talking to a local attorney and getting yourself prepared in case the case does proceed. As much as it seems illogical as a homeowner it is your responsibility when something occurs on your property, Even a trespasser can recover if injured on property in many instances. But speak to the local attorney to verify and good luck!

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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