Who is liable for injury on an easement?

UPDATED: Mar 7, 2019

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Who is liable for injury on an easement?

I am a homeowner in an HOA. The county has a drainage easement that is a major safety hazard. Per county code I can put up a fence along the ditch but my HOA is denying the fence. If a child is injured or drowns in the

ditch, who would be liable?

Asked on March 7, 2019 under Real Estate Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If the county has created and maintains the ditch, then the county would be liable as the one which created the unreasonably hazardous or dangerous condition. Furthermore, if you can show that you wanted to put up a fence but were denied, you can show that you were not negligent and were attempting to take reasonable steps to mitigate a hazard (even though it was not a hazard you had created) but were prevented by others; in taking reasonable steps to try to reduce a risk, you would bve showing that you were not at fault for anything that happens.

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