can my neighbor or a guest at their house sue me if they slipped and fell (injured) because the nuts from my trees fall in their driveway ?

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can my neighbor or a guest at their house sue me if they slipped and fell (injured) because the nuts from my trees fall in their driveway ?

Asked on March 16, 2012 under Personal Injury, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It is very unlikely that you could be successfully sued on this basis. For you to be liable, you must be at fault; for their to be fault, there must be negligence, or unreasonable carelessness. Generally speaking, there is nothing unreasonable about not cleaning up nuts that fall from a tree, and so therefore no liability for failing to do so.

That is as a general matter. It is possible that circumstances exist which would result in liability--for example, previous injuries caused by the nuts, which could put you on notice that they are unusually dangerous for some reason and must be cleaned up. That is not the typical situation, but it is possible, so if you are sued, take it seriously  and retain an attorney to defend you.


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.

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