There's also a small issue (but worth mentioning, I think) of whether Alex is liable to Sally. She was injured on his property. If she's in a state that distinguishes between invitees and licensees/trespassers, then Alex's duty was not to be reckless, and he probably is not liable. If she's in a state that's switched to a single standard of care for landowners, then Alex's duty is not to be negligent regardless of Sally's designation.So then the question would be whether a reasonable person would have placed the tree so close to the road knowing that motorists could potentially hit it. Again, I think not liable, but worth discussing just to establish that he's not.
Page created in 0.183 seconds with 19 queries.