Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
‘Hello, is it legal or would I be liable if I put concrete blocks or wooden stakes along the street to protect my sprinklers. They keep getting run over and they cost a lot and it takes all day to repair them. As far as stakes go, I can mark them with yellow tape if need be. My house is on a setback along with the rest of the houses in the neighborhood so the land along the street is actually an easement yet everyone takes care of the grass out to the street and everyone’s sprinklers are on the edge of the street. Thank you for your reply.’It depends.
Question: In most jurisdictions, a land owner has some degree of obligation not to maintain a “dangerous condition” on the land. So the question is whether the setup you have meets the definition of “dangerous condition” in your area.Unfortunately, the question is most likely to come up in the context of a personal injury claim. After someone has tripped, fallen, and come a quadriplegic, only then will a jury get to decide whether what you did was “dangerous.”
Answer:
As a practical matter, you can’t predict that perfectly. What I would suggest is asking your homeowner’s insurance company, since they are the ones who will be defending you in that lawsuit, should it come.
