Can I place a wooden flower pot at the end of my driveway?

UPDATED: Sep 30, 2022

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Can I place a wooden flower pot at the end of my driveway?

My driveway is double wide. People habitually make U-turns at the end of the drive. Due to this my concrete drive only lasted half the expected lifespan. The apron was pulverized. So, after having a new driveway installed, I built a 3.5′ long x 1.25′ wide x 10′ high wooden flower pot and placed in at the end of my driveway, bisecting the 20 foot wide drive. There are reflectors on each side of the box and a street lamp illuminating it. In addition, I installed landscape lighting on it’s sides. This lighting does not last throughout the night. Am I liable if someone does not see the flower pot and damages their car in

my driveway?

Asked on January 31, 2017 under Accident Law, South Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If you have taken reasonable steps to make it visible, which you apparently have (partial night lighting; reflectors; positioned so a streetlight illuminates it), you should not be liable, because there is nothing unreasonably dangerous about what you describe. It's creating conditions that create "unreasonable" risks (which admittedly is a subjective standard; there is not absolute, hard-and-fast rule for what is or is not reasonable) which can create liability.
Be sure to check local zoning and building ordinances to make sure you are not violating them.

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 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.

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