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Who is Liable for an Accident on an Easement?

Jeff Varcadipane

February 29, 2024

Accidents can happen anywhere, including on someone else’s property. In many cases, a property owner is responsible for the injuries resulting from a slip and fall or another type of incident.

But what happens when an accident occurs on an easement? Who is responsible for the injuries and damages that result from such an accident?

When the concept of easements arises in injury cases, it can cause complications regarding property owners’ liability. It is especially crucial to consult a New Jersey slip-and-fall attorney in such situations.

What is an Easement?

Before delving into the topic of liability, it’s important to understand what an easement is. An easement is a legal right granted to someone to use another person’s property for a specific purpose. Common examples of easements include pathways for public access, utility easements for power lines or pipes, and private easements that allow access to neighboring properties.

Easements can be complicated legal matters that require a thorough understanding of property law. Therefore, determining liability in accidents that occur on an easement can be equally complex.

Property Owners are Liable When Hazards Cause Accidents and Injuries

Property owners have a legal duty to ensure the safety of their premises, including any easements on their property. If a property owner fails to maintain their property in a reasonably safe condition and that failure leads to an accident or injury, they may be liable for the resulting damages.

An injury victim can file an insurance claim against the property owner to seek compensation for their medical bills, lost income, pain and suffering, and other losses. They must prove liability and their damages for a successful claim.

Often, insurance companies challenge claims by denying the liability of the policyholder. This might be especially true if an accident happens on an easement.

Accidents Can Happen on Easements

Easements are more common than you might think. They can involve shared driveways, ponds, bridges, and more. Hazards that can cause accidents on easements include:

  • Uneven surfaces or potholes
  • Poor lighting
  • Obstructed pathways
  • Slippery or icy conditions
  • Faulty equipment or structures

It is essential for property owners to regularly inspect and maintain their property, including easements, to prevent accidents and protect those who have a right to use those areas. People using easements must also ensure they do not leave hazards behind that might injure others.

Who is Liable for an Accident on an Easement?

Determining liability for an accident on an easement depends on various factors, including the type of easement, the relationship between the parties involved, and the specific circumstances of the accident.

In some cases, both the property owner and the individual using the easement may share responsibility for the accident. For example, if a property owner fails to address a hazardous condition on the easement, but the person using the easement was also negligent in not taking reasonable care, both parties may be liable for any resulting injuries or damages.

However, it is important to note that each case is unique, and liability in easement accidents can be challenging to establish. This is where the experience and guidance of a New Jersey slip-and-fall attorney can be invaluable.

A premises liability lawyer can assess the situation and determine who should be liable, including whether multiple parties should share liability. Then, they can pursue the necessary insurance claims against the liable parties. They can navigate the entire process to obtain the compensation you deserve, no matter whether the owner or someone else was responsible for the accident and injury.

Always Consult a New Jersey Injury Attorney

When it comes to accidents on easements, navigating the complex legal landscape can be overwhelming. Consulting a New Jersey slip and fall attorney who handles personal injury cases can make all the difference in pursuing a successful claim.

Once you contact Varcadipane & Pinnisi, PC., a skilled attorney will assess your case, gather evidence, and negotiate with insurance companies to ensure that you receive the compensation you deserve. We will be your advocates throughout the legal process, guiding you every step of the way.

If you’ve been injured in an accident on an easement, don’t hesitate to reach out to our firm. Our team of experienced New Jersey injury attorneys is here to help. With our understanding of premises liability law, we will fight tirelessly to protect your rights and seek the compensation you deserve.

Don’t let an accident on an easement go uncompensated. Contact us today for your free compensation.

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