Legal Question in Personal Injury in Virginia
liability of use
My neighbor borrows my extenstion ladder to use in his yard.
He loans it to another neighbor to use in his yard, he injuries himself while using my ladder am I liable?
1 Answer from Attorneys
Re: liability of use
If you loan a ladder that is defective such that
it is foreseeable that a reasonabbly prudent
person would necessarily know that the ladder
might cause injury to another person who was to
climb up on it or use it for the normal purposes for which it was intended, then you could be liable.
However, if you were to loan a perfectly sound ladder to a neighbor who may loan it to another
person(with or without your permission)and one of these persons or someone else is injured while using the ladder, there would be no liability on your part for any injuries sustained by persons
using(or misusing) your perfectly sound ladder, since there could be no foreseeability on your
part that such injury might occur from the reasonable use of your ladder.
The foreseeability component is a key element in
personal injury or tort law.
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