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Question

I was injuried while working on a utility easement because the homeowner had built a illegal structure on it. Do I have a case against the homeowner. Also are there any cases simular to mine? Thank you Gregory Golden XXXXX@XXXXXX.XXX

Submitted: 760 days and 12 hours ago.
Category: Legal
Value: $15
Status: CLOSED
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Optional Information

Optional Information:
Albuquerque, New Mexico

Already Tried:
nothing, am on workmans/comp

Posted by J D Haas 760 days and 12 hours ago.

Info Request

Please describe your injury and how your injury occurred with more specificity.

760 days and 11 hours ago.

Reply

While working as a telephone repairman I was removing my ladder from the pole in a backyard of the customer, as I did my foot became intangled in a concrete fishpond the customer
had built on the easement. I fell on a cerramic
frog decoration, which resulted in broken ribs,
torn rotator cuff, and torn bicep tendon. Then
the ladder hit me in the face and knocked out
several teeth. I was working with another tech
so I have a witness, and we were on the property
with cusomers permission. I was taken to the emer.room and have had surgery on my shoulder.
Greg Golden

Accepted Answer

I think you might have a cause of action against the landowner depending upon the circumstances of the fish pond. Was there anything that hid the fishpond? Was there tall grass or anything that obscured your view of it? For example, if this were just a hole in the ground that the landowner did not make, you could not sue them because it was open and obvious, and it was the natural state of the land. If the landowner has liability, there must be something about it that was dangerous and that caused your injury. If the fishpond was open and obvious, and not hidden, and you just fell into it, I do not think you have a good chance of prevailing against the landowner. A WA personal injury attorney could give you a good appraisal of your chance of winning. You can find them online or by contacting the WA state bar association. Please contact me if you have more questions. I am sorry my information is not more positive, but these types of cases can be difficult to win unless the danger is obscured by something.

I hope that I have helped, answered all of your questions, and that I have provided you with useful information. Please contact me if I have not answered all of your questions. If my answer is satisfactory please accept it. I really appreciate positive feedback.

In the future, you can specifically request that I work with you on your legal question. If you have specifically requested that I answer this question, thank you.

Please be aware that my answer is not legal advice, it is merely information. You and I have not entered into an attorney/client relationship. The only way that I am legally responsible for your legal rights is if you have signed a written retainer agreement with my law firm.



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Expert: J D Haas
Pos. Feedback: 99.0 %
Accepts: 
Answered: 10/24/2007

Lawyer (JD)

21 years as a serious injury/wrongful death trial lawyer; nationally board certified; 43 jury trials

760 days and 11 hours ago.

Reply

Reply to J D Haas's Post: The fish pond is visible,but was built without
permits on utility easement. According to
power compamy it was placed there illegally.

Posted by J D Haas 760 days and 10 hours ago.

Answer

That might give you a cause of action if it were built illegally. You would have the strongest case if it were built illegally, and there was something that hid it from view. Was there anything like that present? Did you know it was there before you went up the ladder? Your notice of the pool becomes important as well.

I hope that I have helped, answered all of your questions, and that I have provided you with useful information. Please contact me if I have not answered all of your questions. If my answer is satisfactory please accept it. I really appreciate positive feedback.

In the future, you can specifically request that I work with you on your legal question. If you have specifically requested that I answer this question, thank you.

Please be aware that my answer is not legal advice, it is merely information. You and I have not entered into an attorney/client relationship. The only way that I am legally responsible for your legal rights is if you have signed a written retainer agreement with my law firm.

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