If we live on a private road and someone visits a person who lives on the road but gets injured due to the road being icy, who can be sued?

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If we live on a private road and someone visits a person who lives on the road but gets injured due to the road being icy, who can be sued?

We have 10 houses on the road.

Asked on January 22, 2015 under Personal Injury, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If it's a private road, then the (presumably) homeowners who are responsible for its maintenance could be sued if they were negligent, or unreasonably careless, in not arranging for the road to plowed, sanded, and/or salted. (Note: to be negligent, there must have been *time* for them to arrange this--they are responsible for acting reasonably, but are not required to instantly and continuously keep the road clear.)

Among those homeowners, which will be responsible depends on how responsibility for road maintenance is divied up. Is each responsible for the stretch in front of his/her home? Then the homeowner near the injury location would potentally be liable. Are all of the collectively responsible for the whole road? Then all of them, as a group, could be liable. Etc.

 


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