Sometimes, when accidents take place on another person’s land, certain liabilities arise for the landowner. These liabilities and responsibilities are known as a landowner’s “duty of care” in the realm of premises liability law. When individuals enter another person’s property under the assumption that it is safe, however, and are injured, it is crucial that they understand laws governing this area to best advocate for themselves in case of legal action.
In a recent appellate decision, the court had to consider a landowner’s potential liability in a motorcycle accident lawsuit. In the case in question, a car collided with a motorcycle, resulting in catastrophic injuries. After the accident, a deputy observed tall grass near the intersection where the accident took place that would have limited or prohibited a view of the motorcyclist while traveling. The grass was growing in a ditch on the defendant company’s property.
The motorcyclist’s wife sued the defendant company, citing negligence for “allowing grass to grow so high on their property that it blocked the view of the roadway.” The defendant moved for summary judgment, which the trial court granted. The court of appeals affirmed the trial court’s decision, with the majority holding that because the grass was wholly contained on the defendant’s property, there was no duty to the traveling public.