If your land is posted and someone gets injured or killed due to their own actions, can you be sued?
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If your land is posted and someone gets injured or killed due to their own actions, can you be sued?
Asked on October 1, 2012 under Personal Injury, South Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Yes, you can still be sued if the injury or death occured due to your negligence, or unreasonable carelessness, or a deliberate action of yours. Basically, if you allow a dangerous condition (e.g. a sinkhole on a walking path; viscious animals; traps) to persist on your land when you know of it, and someone is injured by that condition, you can face liability. If the injury or death had nothing to do with anything you did or did not do, you are not liable.
So, in terms of the person's own actions--the issue will be if their actions injured them because of some unreasonably dangerous condition which you are responsible for, you could be liable. For another example: say you leave a broken refrigerator on you land and a child climbs into and suffocates--you were wrong to leave the refrigerator on your land like that and could be liable.
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