Legal Question in Insurance Law in Illinois

I live on a private road that is maintained by the 10 homeowners who live on the road. We all share equally in costs pertaining to the road. There is a bridge that crosses a creek on the road. Are we responsible if someone gets hurt crossing the bridge? The bridge needs work/repair. We trying to decide if we should do the work ourselves versus hiring someone. If we hire someone, does that dissolve us from all liability if the bridge were to fail & someone gets hurt? Or are we responsible anyway regardless of who does the work because it's a privately maintained road?


Asked on 8/25/09, 9:48 am

1 Answer from Attorneys
Andrew Pavlinski Pavlinski & Elkins

It sounds as if all homeowner will be responsible in this case, but that may not be the case depending on how the common area (the road is deeded). I would say that each of you should act as if you are responsible. Which means you should repair the bridge, especially that you are now aware of the potential for injury. If you hire a contractor to repair the bridge, the contractor will then share the liability, but it may not get you completely off the hook if someone is hurt. You could do the repairs yourself and probably not need to worry if they are done in a proper workman like manner. Please be aware that there is no best way to protect you from every potential liability in this situation as the number of ways an injury could occur are countless. Act as any reasonable person would in your situation.

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Answered on 8/31/09, 1:33 pm


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