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If he slipped and fell and went to the hospital, his insurance company would end up calling him up to find out where the incident took place. The reason they do this is to try to collect from other insurance companies so they don't have to cover him on the amount. Now two things can happen here. If he says it was public land, then the insurance company can't collect from anyone else and they pay the hospital/doctors/etc... If he says your property, then details are given, you're contacted, you'd have to submit information about your insurance company (homeowners I think) and then the insurance companies would have a tug of war with each other and with you having to fill out paperwork.
I was injured by a dog in the vets office. Had to go to the ER. ER took my insurance info as well as incident info and submitted it. I received a letter from my HMO asking for more details of the incident and the first question was 'where did this occur'. They went after the vets office.
I am cynical when it comes to people (like everyone hasn't already guessed) and my concern (if I were the OP) would be that by not telling the neighbor NO to his request, that she has given him permission. If he were to fall and sustain an injury would he consider going after the OP personally? After all, if she didn't say NO she would be assuming some of the liability.
Wait until SPRING and get some of the motion-sensor sprinklers they sell to keep deer off your property. Set up two or three of them and after a bath or two - he'll get the idea!
I was injured by a dog in the vets office. Had to go to the ER. ER took my insurance info as well as incident info and submitted it. I received a letter from my HMO asking for more details of the incident and the first question was 'where did this occur'. They went after the vets office.
I am cynical when it comes to people (like everyone hasn't already guessed) and my concern (if I were the OP) would be that by not telling the neighbor NO to his request, that she has given him permission. If he were to fall and sustain an injury would he consider going after the OP personally? After all, if she didn't say NO she would be assuming some of the liability.
If he's digging a path across the lawn for the mailman, that sounds to me like that area has the mail slot in the door and no mailboxes. But as for the garbage cans, I'm not quite understanding what he's doing with that.
He may mean no harm and just trying to be neighborly. But the reality is, it just takes one simple fall, the rest of the family pushes to report everything and then all this happens.
If he slips and falls in my driveway.......who is liable? I don't impose on other people or their property and I expect the same respect for my things. I would never dream of doing something like that. Takes some nerve. And he didn't even ask if it was ok or not. Come spring, the fence is going up! Thanks everyone!
Yes and no.
To successfully sue for an injury sustained and have the other party fully responsible (100%) there must be two variables:
-- a serious, not minor, injury has occurred
-- the party being sued is negligent
If you cleared your driveway of all the ice and snow, etc., and your driveway is perfectly "walkable" but he falls and hurts himself simply because he is a fat clumsy oaf, that is not your fault.
If your driveway is a mess of ice, and he falls and hurts himself because of the ice, that is your fault for not maintaining it properly and you are technically "suable," even if you never implicitly told him he could walk there.
Look at the situation of owning a pool. Say a child trespassed on your property and you did not take all the precautions (have a locked fence around your pool, etc.). Child goes into pool which is only half full, dives in and breaks his neck, becoming paralyzed. Even if you DID NOT GIVE PERMISSION to the child and were not even home when this happened, guess who is getting sued and whose homeowner's insurance will probably take the full hit? Yours. Say you had all the precautions and child picks the padlock on the fence and goes into pool and gets hurt, you did not behave in a negligent manner, so if they are able to sue/get an attorney who will take the case, it will be a lesser award out of your homeowner's insurance, provided it gets to trial and/or settlement.
In reality, it is harder than people think to sue for injuries sustained on another person's property unless the liability factor is overwhelming and the injury is of a serious nature. PLUS, people really don't like to do it to their neighbors UNLESS they are really, really hurt bad and will be out of work for a long time, etc. and they feel they have no choice. Most people would not sue you for falling and getting a bruise on their hip, for example. If I were you, I would relax and not worry so much.
If he slipped and fell and went to the hospital, his insurance company would end up calling him up to find out where the incident took place. The reason they do this is to try to collect from other insurance companies so they don't have to cover him on the amount. Now two things can happen here. If he says it was public land, then the insurance company can't collect from anyone else and they pay the hospital/doctors/etc... If he says your property, then details are given, you're contacted, you'd have to submit information about your insurance company (homeowners I think) and then the insurance companies would have a tug of war with each other and with you having to fill out paperwork.
This is what starts trouble between neighbors.
By the way, why is he dragging his garbage cans over to your place? Is he doing this through the path he digs? I must have missed something.
He digs the path across my property that empties out onto my driveway. He drags his garbage can through there to get to the road. It's a shortcut for him to walk this way as opposed to across and in front of his house and down his driveway.
next time you see him, just charge out the front door and punch him in the face. The guy sounds like a tool. Trust me its only the beginning with this neighborly guy. Put up the fence this spring , pay for yourself and don't say a word about what he is doing now. It's not worth it in the longrun.......................
BTW, How do you deal with this issue of parking car/RV exactly opposite the driveway ?
Speak with your neighbor and explain that it is difficult getting out of your driveway with a car parked right across the street and ask them nicely if they can move the car forward or back.
Or as I would do in Brooklyn, when I lived there, start with scratching the car and then progress to flattening the tires and, ultimately, to throwing oil based paint on the finish.
Either a fence or holly bushes. I used the prickly holly bushes to stop kids from cutting across my yard into the neighbor's backyard. Kids wouldn't walk around the corner and I wasn't taking the chance of one of them getting hurt.
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