BY JOHN C. BECKER Associate Professor of Agricultural Law From time to time questions a- ’ 7 rise about a land owner’s liability for injuries suf fered by people wno are on their property. In this article I will discuss some of the general rules that courts have applied in resolving these kinds of issues. The discussion will be very general in nature and more specific fact situations may influence the final decisions of liability. As a starting point consider that each owner has a general obliga tion to use his or her property in such a way that does not injure another person or another’s prop erty. Each person has a right to be safe and secure in their person and property. A person can become liable to another person as a result of an intentional act which causes harm or damage, or as a result of a negli gent act which causes harm or damage. By negligence is general ly meant a person’s failure to do something which a reasonable per son would do in the same situation or the failure to act in a way which a reasonable man would have acted in the same situation. Negli gence can arise from doing an act Lancaster County Farmers Deal Direct With The Areas Largest Full Line Power Transmission And Bearing Distributor Outlet. Cut Cost and Reduce Down Time On your Farm Equipment and Machinery E FEATUR Brownii Sprockets, Cham Pulleys, Pillow Blocks, Flange Units, & Gear Reducers. Loveioy: Coupling and Variable Sheaves. Permabond Adhesives/Sealants ********* Mention This Ad********** : And Receive 10% Discount * ; on Already Low, Low Prices J Brown Transmission & Bearing Co. 640 Hempstead Rd., Lancaster, PA 17601 717/295-9200 or failing to do an act and these ele ments are important Although a person may have been negligent not every negli gent act will result in liability on the part of the person who is charged with negligence. In order for liability to attach to a particular incident four factors have to exist The first factor is the party who is charged with being negligent must have owed a duty to the per son who was injured. This duly can arise from a statue such as the Veh icle Code which outlines very spe cific duties for those who travel the highways. The rules of the road, for example, describe such duties. Law in general can also create this duty and the general rule which was mentioned earlier could be such a situation. The second element is that the specific duty was breached by the party who is charged with the negligence. In other words, the party who is charged must have failed to live up to or follow the duty which the statute described. The third element is that of cau sation. This means that the breach of duty is the legal cause of the injury complained of by the party seeking a recovery. In many law suits, the issue of causation is the crucial bone of contention between the parties involved in the suit and an issue which is always hotly contested. The final element is that of dam ages to the injured party or the par- OTIC Gates: Belts and Hose Timken: Tapered Roller Wheel Bearings Chicago Rawhide/National: Oil Seals Emerson Electric: Farm Duty Motors SKF/NiCE Bearing Products ’s property. In some way the par / was injured physically, emo ionally, or their property was damaged or destroyed by the negli ',nt act In this situation, the issue damages is crucial because that the yardstick by which the jured party’s recovery is to be teasured. Various legal rules exist > determine what types or kinds of tsses can be compensated in spe ific legal actions and these are '-pendent upon the facts of a parti ilar case. If an injured party can satisfy a idge or jury that these elements txist in a given situation, then the ifendant, the party charged with ability, may have such liability idicially imposed. A party held ible, in defense of such a claim ;ainst him or her, may raise the me of the injured party’s own >nduct and the relationship which ich conduct had to the cause of ie accident If the party held liable can show that injured party actually contri buted to the occurrence of the acci dent then the injured party’s actions may be evaluated in the degree to which they contributed to the accident. As a result the injured party’s damages will be reduced by that portion which rep resents the injured parties own contribution to the occurrence of the accident. If an injured party contributes to the occurrence of an accident, he or she should bear the consequence of their own acts. Courts also recognize that a per son who performs an act, even though he or she knows and under stands the dangers associated with it, may lose his or her opportunity to recover for injuries suffered while performing the act. If the injured party knew and understood The Cannon Air Sprayer ~ A 3 point hitch 110 or 160 gal, air sprayer, i ideal for vegetables, blueberries, r&r cranberries, grapes, Christmas trees, Star nurseries and other crops. Also Available And Brand New - A 400 Gallon Trailer Unit Berthound Air Sprayers are available in many models: from a small 27 Gal. Tank 3 pt. Hitchup to a 540 Gal. Trailer with many models in between. To Meet Your Spraying Needs... See These Authorized Dealers For Details - Demons! Penns Martin’s Repair Shop Waltemyer Sales S.F. Shaffer Co., Inc. Trout Run Road & Service Inr Cinnaminson, N. J Ephrata, PA RD3 1 ‘ 609-829-2020 717-733-3015 Red Lion, PA LeinbachFarm 717-244-4168 Market Service run. Shippensburg, PA 717-532-5511 the danger involved and proceeded anyway, he or she may have assumed the risk of injury by doing the act. In regard to a landowner’s lia bility for injuries caused to a per son who crosses or enters upon the landowner’s property, a number of additional elements are consid ered. For example, the status of the injured party on the land when the injury occurred becomes impor tant. For example a person who enters onto another’s land without permission or authority is owed less of a duty than a person who was asked or invited onto the premises. The three types of individuals include trespasses (those without permission or authority) licensees (those who have permission) and invites (those who are asked to come onto a person’s land). Two points must be mentioned here. First, the permission or invitation need not be specifical ly given to the injured person. It can be implied from the facts of the situation. For example, if a person knows that someone is crossing their land and does nothing to stop this crossing then it may be implied that the person crossing has permission to con tinue it. Second, a person’s sta tus can change based on the facts of a situation. For example, a person may be invited to enter a person’s store, but certain parts of the building may not be within the scope of this invitation and in those areas, a person may be a trespasser. In regard to the duties owed, a landowner generally owes a duty to a trespasser to avoid willful or wanton conduct which would f ,v. k* V L > Visit With Us At Pennsylvania AG Progress Days Ivania Dealers Bennie’s Warehouse RDI - Box 451 Berwick, PA 18603 717-759-2201 • Hydrualic Controlled Swivel Head That Can Be Moved In Any Direction From Tractor Seat • “Controlled” 280 MPH Air Velocity Ensures Excellent Coverage Up To 150 Feet • Dependable Piston-Diaphragm Pump » Jet and Mechanical Agitation • Disengageable Fan injure the trespasser. Willful con duct intends the result of the action taken. Wanton conduct, on the other hand, is such that a person performs an act without regard to any risk of harm or injury which the action may pose to other peo ple. In regard to a license, a land owner owes a duty to warn of any dangerous conditions which exist on the property. In regard to invi tees, landowner’s duty is greatest, namely to make reasonable inspec tion of the premises for hidden dangers and to warn of dangers that cannot be made safe for the general public. The situation involving tres passing children and artificial or unnatural conditions on the land is somewhat of an exception to these general rules. For example, to establish a landowner’s liability or injury to a trespassing child, five factors must be proven. These are: first, the landowner know or should have known that children would trespass in the area where the artificial condition was located. Second, the landowner knows the condition creates an unreasonable risk of death or seri ous bodily harm to young children. Third, the children are too young to realize the risk of injury they face by going to the area where the condition is located. Fourth, the value to the landowner of main taining the condition is slight when compared to the risk of harm to children which is great. Fifth, the landowner fails to exercise reason able care to eliminate the danger or otherwise protect the children. As you can see these five factors are somewhat general and are very (Turn to Pag* C 3) TSHAVE: New Jersey Dealers land Dealers Mai Walter G. Coale, Inc. 2849-53 Churchville Rd., Church ville, Md 301-734-7722 or 879-1434 Available. Leslie G. Fogg RD 3 Bridgeton, N. J. 609-451-2727
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