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Common land injury liability

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  • Common land injury liability

    Our development has common land that we are not permitted to leave anything on, however there is always one person... They've taken to leaving their lawnmower on the common land and where is left is a trip hazard in addition to a breach of their lease terms. I was wondering, if someone does trip on the lawn mower and files a claim for injury then who is liable? Scenarios: if management permitted it or were in the process of correcting the behavior. Thank you for any insight!
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  • #2
    Liability lies with negligence, so although the owner leaves the machine on land to which others have access, it does not automatically mean he will be liable for injury e.g. if a third party carelessly walks into it.

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