whos at fault?

pwnag3!!

pwnag3!!

Member
I know this is odd....
but if a person were to trip on a stone that is midway between two peoples property line and they fall directly on the line.... but the broken leg is on the other persons property and their head is on theirs....
can you sue them?
See illustration..
 
reefraff

reefraff

Active Member
Sue yourself and the neighbor. My wife works for a large defense firm and based on the horror stories I've heard both insurance companies will probably pay you to go away.
 
moraym

moraym

Active Member
That person should stop being a damn victim and accept the fact they broke their leg.
Unless the neighbor threw the stone at the guy on the ground, stop trying to find someone to sue.
 
schneidts

schneidts

Active Member
You have too much free time on your hands...the answer, their isn't really a definitive answer. First, you don't need to sue to collect for medical exspenses, wage loss, and household exspenses incurred from the injury if it occured on the other persons property (assuming they have homeowners insurance). Their insurance co. would go to bat for them in court considering the injury wasn't a result of negligence on their part (such as unkept sidewalk, broken steps, poorly lit walkway, etc..). Honestly, the ins. co. would probably deny the claim, and if the "other party" tried to sue, the ins. co. would make an example of them...if the "other party" has health ins. they will pay the medical exspenses. Nice diagram. :yes:
 
lovethesea

lovethesea

Active Member
nice drawing. Takes me back to another "illustration" you did awhile ago.

oh. and one could try to sue, but since it would appear no negligence is involved I don't think it would work. And that person could be trespassing too. :D
 
badasstang

badasstang

Member
It also depends on what you were doing on their land. There is several different types of reasons to be there, which each have different laws. If you are a invited guest the persons land is supposed to be free of any dangers that they could forsee. If you just happened to go their, they have about the same requirements, but not necessarily...it has to be due to negligence. And if you were trespassing, you have no rights.
So an invited guest is more or less for businesses, such as if you slip on a spill, you can sue them. The second is if you go to a private residence, they have less requirements. So chances are, no case. But I have several stories of some crazy cases...such as a 17yr old who was going 80mph on a motorcyle, ran a red light, was twice over the legal limit of BAC, side swiped a car, lost both his legs...he got $500,000.
 
pwnag3!!

pwnag3!!

Member
cmon gimme a break this was late at night and i was bored...
i saw something on frivalous law suits and whos at fault sort of stuff... and i got to drawin!
 
bang guy

bang guy

Moderator
The neighbor would just shoot you in the head and bury you under the septic tank so that you couldn't sue.
 
moraym

moraym

Active Member

Originally posted by Bang Guy
The neighbor would just shoot you in the head and bury you under the septic tank so that you couldn't sue.
Exactly. Something like this:
 
moraym

moraym

Active Member
wow, that kid makes great fertilizer.
of course, now the neighbor would chop down the tree that's on his side of the line, leading to a border war and eventual family fued.
 
S

simm

Guest
HAHA thats hillarious. Well if it were me Id make sure I broke the rest of your arms and legs. In Texas trespass at night is considered criminal mischief which is a felony and could also result in your death.
 
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