Who is liable for the road ditch right of way?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Who is liable for the road ditch right of way?
Our township trenched them and they are now very steep without a guard rail. Can the landowner be held liable for an accident if someone is injured by driving into it?
Asked on August 1, 2012 under Accident Law, South Dakota
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If the township trenched a right of way and this is an easement, then the liability may be shared but it would be up to the landowner to show it did not get involved in the negligence or it tried to mitigate the damages. Put the township on notice and immediately indicate it must place blocking barrels or something until the guardrail is installed. Place everthing in writing; call and continue to write and call until something is done.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.