Legal Question in Personal Injury in Massachusetts

liability for personal injury

If there is a flood in neighbors yard

that spills over into our yard, and the

neighbors take no remedial steps,

and as a result, while trying to

remove the water I fell and injured

myself, do I have a claim since the

neighbors took no steps to remove

the water from my yard.


Asked on 5/23/08, 9:10 am

3 Answers from Attorneys

Craig J. Tiedemann Kajko, Weisman & Colasanti, LLP

Re: liability for personal injury

Most likely not. You presumably chose to live at a lower land elevation than your neighbor. Absent gross negligence by the neighbor, I think you assumed any risks associated with flood or drainage water on your property resulting from the natural grade and contours of the land itself.

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Answered on 5/27/08, 11:50 am
Christopher Di Giacomo Di Giacomo & Gruss

Re: liability for personal injury

Baed on the facts provided, I would have to say that there is not enough information to provide any advice. How long before neighbor's noticed the flood in their own yard? What caused the flooding etc...

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Answered on 5/23/08, 11:03 am

Re: liability for personal injury

This sounds very far fetched and unlikely, however the marketplace speaks. If you can get an attorney to represent you on a contingent fee, then there will be a lawyer who has made a business decision your case enough to at least try to make a claim. If you speak to some attorneys and none are interested, then you might conclude the case is just too unmeritorious. Likewise you might find some lawyers unwilling to take the case on a contingent fee, but are willing to take the case on an hourly basis. This means they have made a business judgment they will not take the risk of not getting paid on your case, it is too weak. This should be a sign to you have a very difficult case. In the calculus of things it would be worth considering how devastating an injury you have, how it is you did not see that water and take heed and greater precaution before it injured you. A quadriplegic case typically requires less liability than a bruise, sprain or strain. The amount of the medical bills, whether there is permanent damage, and lost wages, are important factors, too. I hope this helps. Regards, JBS

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Answered on 5/23/08, 12:02 pm


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