Legal Question in Real Estate Law in California
Who is liable for personal injury to the user of a prescriptive easement while using said easement? The easement consists of a pathway across an adjoining property to access a public road.
2 Answers from Attorneys
It depends on who who is, what their status is, and how the injury was caused.
Who knows? Ownership of the underlying land, and ownership of the easement rights, are only two facts, and probably not the most important ones. Who was injured? By what? Who may have breached a duty? What duty? Could easily be that the injured party is solely responsible for his injuries. Accidents do happen. There isn't necessarily any second-party fault. If I trip and break a leg due to my own clumsiness, or because a gust of wind blew me over, it's my own tough luck.
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