You’re walking through the neighborhood when all of a sudden, your world comes crashing down. Well, at least you did. Slip and falls are common and come with serious injuries such as fractured hips, joint injuries, knee and ankle tissue damage, and even spine damage. There are options for resolution, but first, you might need someone to help you prove that your neighbor has some responsibility. Your neighbor may argue that you shouldn’t have been in their yard, or that they had no responsibility to protect you. That’s sometimes the case, so it’s important that you speak with an injury attorney in Dayton, Ohio who can evaluate the specifics of your claim. Then they can help you decide whether or not you have a case to push forward if you slipped and fell in a neighbor’s yard.
Foreign Items and Debris
Every neighborhood has that one house with cinderblocks, bottles, tires, or other debris in their front yard. Even friendly debris such as tiny gnomes and windcatchers are a nuisance. Now, if you’re walking through their yard and trip or slip because of pooling liquid from any debris, it’s reasonable that your neighbor is responsible for your injuries.
Even if you don’t live in an HOA, your neighbors are expected to keep their yards tidy or at least free of hazards. While a neighbor may argue that you weren’t invited onto their property, there is the issue of a gate. Many courts expect that adults understand to not venture onto property that isn’t theirs. However, without a gate, it’s not necessarily an open invitation, but it’s also not telling people to keep out.
The usual course of action is to decide if a child were at the same risk. You would not hold a child responsible for walking onto someone’s front lawn if there were no gates to stop them. The same can be argued for an adult, although it’s not always effective.
Exposed Tree Roots or Stumps
Trees are a difficult topic. Ohio has numerous laws in effect that covers which can and cannot alter trees on residential property. If you tripped or fell because of an exposed stump or roots, then you might need a bit more legal help than you initially imagined. First, if the tree falls on a property line, then it may be a combination of two people’s faults.
However, one of the neighbors “sharing” the tree may claim that they wanted the stump or tree removed, and the other neighbor refused. Going through the proof of who is responsible for the tree, and who takes that accountability is difficult.
Trees, unlike debris, however, aren’t so difficult to argue. Many trees throughout Cincinnati run right along the sidewalks and can pose a hazard to anyone walking, which means that you don’t even necessarily have to be on someone’s property. However, trees that have overgrown a property line may actually be a city issue, not a homeowner issue.
Damage to the Sidewalk
Cincinnati has clear regulations on maintaining the quality of its sidewalks. If a section of sidewalk is raised or lowered more than 5/8 of an inch, it’s possible that you could hold the city responsible. Typically, sidewalk areas, although they’re in front of your neighbor’s home, don’t count as your neighbor’s property.
Your neighbor isn’t responsible for maintaining the sidewalk. But, with an attorney, you could argue that they’re responsible for reporting sidewalk damage to the city. Fortunately, it doesn’t usually come to that. With Sidewalk Inspectors that work through the city, they look out for factors that could impact those walking, jogging, and those who require ADA compliance.
The goal in these cases is to identify reasonable judgment. Was it reasonable that this sidewalk damage led to your injuries, and was it reasonable to order correction of the damage during the last inspection? These two questions can help identify if the city is responsible for your injuries.
Schedule a Legal Consultation if You Slipped and Fell in a Neighbor’s Yard
At Young, Reverman & Mazzei law offices, our attorney strives to help victims of accidents get the financial compensation necessary to make a full recovery. For slip and fall victims, that means that they need coverage for their medical treatments, time off of work, and pain and suffering.
For someone in a frail position, a fall could mean a rapid decline in health. Broken or busted joints can lead to years of lasting pain and multiple surgeries to correct the damage. Slip and fall cases are all too often written off, and it’s not fair to those victims. If you were injured because you slipped and fell in a neighbor’s yard, call our office now and schedule a consultation to speak with an experienced attorney.