He man our chuch hires to mow the yard turned his lawnmower over in a ditch on church property, is the church liable for his injuries.

This guy has been mowing the yard for years and is aware of all ditches on the property, but he turned his lawnmower over on himself in a ditch.

Asked on March 27, 2016 under Personal Injury, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Under the situation you describe, the church would most likely not be liable: the ditch was not a hidden or latent defect (at least not to him, since he would have known where it was) for which a property owner can be liable (property owners are liable for hidden or at least inobvioius defects or conditions because there is no easy way for invitees to protect themselves from them); he could be said to have "assumed the risk" of injury by mowing in and around known ditches; and it could also be argued that it was his own negligence, or carelessnes, in driving into a ditch he knew about was the cause of his injuries, and people cannot recover compensation when they are the cause of their own harm.


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 AttorneyPages.com 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.