Salem, AL asked in Car Accidents and Personal Injury for Alabama

Q: Would grass clippings blown in the roadway intentionally, causing injury or death in an accident be cause for a lawsuit?

4 Lawyer Answers
J. Brent Burney
J. Brent Burney
PREMIUM
Answered
  • Personal Injury Lawyer
  • Decatur, AL
  • Licensed in Alabama

A: If grass clippings were negligently or intentionally blown into the road and the clippings were the cause of an accident that could be the basis of a lawsuit for injury or death.

Tim Akpinar agrees with this answer

Mitchell G. Lattof Jr
Mitchell G. Lattof Jr
Answered
  • Personal Injury Lawyer
  • Mobile, AL
  • Licensed in Alabama

A: In my opinion - it "could" be a basis for a lawsuit, but it really depends on the other circumstances. Your inquiry doesn't indicate the AMOUNT of grass clippings or HOW the grass clippings caused the accident/injury, and without this information, I don't think a definitive answer can be given. The real question comes down to "foreseeability". One of the primary elements of proving negligence is determining what is called "proximate cause". Foreseeability is the leading test that is used to determine proximate cause. The foreseeability test basically asks whether the person causing the injury should have reasonably foreseen the general consequences that would result because of his or her conduct. If the foreseeability test can be satisfied by the other circumstances, then there's a basis for a lawsuit.

Tim Akpinar agrees with this answer

Peter N. Munsing
Peter N. Munsing
Answered
  • Personal Injury Lawyer
  • Wyomissing, PA

A: You want to contact a member of the Alabama Assn for Justice and see what they say--most give free consults. No one can tell you without looking at the facts, so call several in the county where the crash happened.

Tim Akpinar agrees with this answer

Tim Akpinar
Tim Akpinar
Answered
  • Personal Injury Lawyer
  • Little Neck, NY

A: In some jurisdictions, such conduct could even fall under public safety laws or vehicle & traffic laws for endangering motorists. If that were the case in the area you mention, it could further support the basis for liability in a lawsuit brought by occupants of a vehicle.

Tim Akpinar

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