If I ran over a neighbor’s child’s bike left in my driveway, am I liable?

Asked on September 23, 2015 under Accident Law, New Hampshire

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Well, here is where this is tricky. Usually driveways are public and are actually city property.  You get basically an easement to use it to access your property and the city road.  If the child left the bike there, and you wouldn't have been able to reasonably see it from the driver's seat, it is really not your fault and you are not liable.
That being said, consider whether the neighborly act may be to help defray the cost. Sometimes, not everything comes down to what is legally required or mandated.


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