Asked in Real Estate Law and Personal Injury for Iowa

Q: Someone entered my land and fell into a whole I had dug for plantation and broke his leg and now he is suing me?

1 Lawyer Answer
Stephen Douglas Lombardi
Stephen Douglas Lombardi
  • West Des Moines, IA
  • Licensed in Iowa

A: You owed no duty to warn a trespasser but you do owe them reasonable warnings when you are aware people use a path across your land. The answer to your question lies in the details. As the saying goes, the devil lies in the details. Your question doesn't really provide much detail and so lawyers who understand this area of the law have a difficult time being able to provide a definitive answer to this question. Did you have insurance? Did the insurance company hire a lawyer for you? Have you spoken to them? Have you put your insurance company on notice of the claim or the lawsuit? If not you might be digging a hole that you yourself will be falling into to.

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