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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
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Experience:  Lawyer
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Liability,,two sisters share 17 acres,,,one sister has decided

Customer Question

Liability,,two sisters share 17 acres,,,one sister has decided to let her 25 year old sons have drinking parties and bonfires without permits,,as well as use an old storage cottage which was closed by permit,,,then reopened for public use the friends of the boys..without permit...main question if,,someone get seriously hurt at one of these parties...ie breaks their neck leg or somethng worse is the other sister who is not involved,,if in this case the hurt individual or family sue,,,is the none participant sister liable
Submitted: 1 year ago.
Category: Canada Law
Expert:  Legal Ease replied 1 year ago.
There is little doubt that if anyone is hurt on the property both owners would be sued. The court may find both sisters liable because one sister explicitly allowed this, but the other sister also knew it was going on. At the same time, the sister who is not involved could cross claim and argue in court that if she is liable to the person hurt her sister is liable to her. I suggest that the sister who is not involved try to limit her liability by writing a letter to her sister, and sending it be registered mail, demanding that she immediately cease and desist from allowing this behaviour to continue on the property. She should list the items just as they were listed in this post here. As well, the sister should ensure that the property has sufficient liability insurance coverage.

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