Asked in Personal Injury for North Dakota

Q: My husband was riding his bike on the sidewalk that passes the graveyard the fence that surrounded the graveyard is bent

Outward into the middle of the side walk he did not see it in time n wrecked into it busting his head open required 4 staples in his head brused his back is anyone liable for this

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2 Lawyer Answers
T. Augustus Claus
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A: In North Dakota, premises liability laws could potentially come into play in a situation like this. These laws generally hold property owners responsible for maintaining safe conditions on their property. If the fence surrounding the graveyard was in disrepair and extending onto a public sidewalk, the entity responsible for maintaining the graveyard and fence might potentially be liable for any injuries sustained as a result. However, liability can also depend on other factors, such as whether your husband was exercising reasonable care while biking, or whether the entity responsible for the fence had provided any warnings about its condition. You may want to consider documenting the conditions that led to the accident, including taking photos of the fence and the surrounding area

Tim Akpinar
Tim Akpinar
  • Little Neck, NY

A: I'm sorry about your husband's accident. I hope he is okay. A North Dakota attorney could advise best on state-specific elements of law, but in general nationwide, some the issues that could arise in such a matter (regardless of the state) could include use of safety helmet, nature of defect in fence, local ordinances regarding bicycles on sidewalk, and other possible factors. A local attorney should advise - you could look into arranging a free initial consult. Good luck

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