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.
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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 8 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.
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