Can I place a wooden flower pot at the end of my driveway?
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Can I place a wooden flower pot at the end of my driveway?
My driveway is double wide. People habitually make U-turns at the end of the drive. Due to this my concrete drive only lasted half the expected lifespan. The apron was pulverized. So, after having a new driveway installed, I built a 3.5′ long x 1.25′ wide x 10′ high wooden flower pot and placed in at the end of my driveway, bisecting the 20 foot wide drive. There are reflectors on each side of the box and a street lamp illuminating it. In addition, I installed landscape lighting on it’s sides. This lighting does not last throughout the night. Am I liable if someone does not see the flower pot and damages their car in
my driveway?
Asked on January 31, 2017 under Accident Law, South Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
If you have taken reasonable steps to make it visible, which you apparently have (partial night lighting; reflectors; positioned so a streetlight illuminates it), you should not be liable, because there is nothing unreasonably dangerous about what you describe. It's creating conditions that create "unreasonable" risks (which admittedly is a subjective standard; there is not absolute, hard-and-fast rule for what is or is not reasonable) which can create liability.
Be sure to check local zoning and building ordinances to make sure you are not violating them.
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