Legal Question in Personal Injury in Virginia
Liability for others cutting wood on my property.
My brother and I own 40 acres jointly and had the timber cut. I have been allowing the neighbors to cut up the laps for fire wood. My brother posted NO TRESPASS signs without consulting me, he says that if they get hurt they could sue us. Is this true and if so is there any way to prevent a lawsuit?
1 Answer from Attorneys
Re: Liability for others cutting wood on my property.
Sure, a neighbor who got injured while cutting up firewood on your property could sue you, but that doesn't mean that he or she would necessarily prevail in the case.
However, in order to provide you and your brother with further protection from possible lawsuits, you could have those neighbors whom you have approved for this type of activity on your land to sign a release whereby each would acknowledge his or her own responsibility for any injuries which s/he might incur while on your property and which specifically would release you and your brother from all claims of liability.