Uncertain Ground: Who is responsible for that hole in the yard?

One of the most frequent ways, we see people get hurt is imply by falling down.  Of course, people fall for all sorts of reasons.  Usually, though it is easy to tell that someone is responsible for that fall by having an unmarked step, a leaking refrigeration unit, or maybe some leftover floor cleaner.  However, we often get questions from people wondering about falls that occur on the lawn of a home or business.  People just aren’t sure if uneven grass, animal holes, ditches or other problems with a yard fall under the same rules as other hazards.  In particular though, a business can still be held responsible to its customers for fall that occurs in and around the outside of the property due to uneven terrain, rough earth, and other pitfalls. 

For example, a 1991 case provides a good example of how an un-mowed lawn can be a problem.  In Lawless v. Sasnett, a person was injured when the tripped in a hole of the business’ yard.  The person had no idea a hole was even there because the grass hadn’t been cut often enough.  As a result, it had grown up and covered the hole hiding it from people walking through the yard.  In that case, the Court decided that questions like whether the business should cut its grass more often or whether the injured person should have exercised more case, were for a jury to decide.

The positive news from that case is that the Court acknowledged that a person could recover even for dangers which a business just allowed to happen by not taking care of their yard.  Unfortunately, more recent cases have really pushed the burden onto the injured person to demonstrate why they could not discover the hole in the yard and to show that business or property owner could/should have discovered it.  In this sense, the Courts have basically treated these types of falls the same as others by applying the same standards of the defendant having “superior” knowledge of a dangerous condition than the injured person.

In other words, whether a property owner is responsible for that hole in the yard depends on the answer to a lot of questions like:

How long has it been there?

What made it?

How big is it?

How often does someone inspect the property?

How often is the grass cut?

How easy could the owner find the problem?

Has anyone else fallen?

Ultimately, it is important to know that there is a way for the law to hold accountable those property owners who allows people to get hurt even by natural aspects of their land.  Just because your fall is caused by uneven ground or overgrown grass, doesn’t mean the property owner isn’t responsible.  After you’ve been hurt, always make sure to immediately report your fall to the property owner.  Get pictures of the area you fell in if possible to capture what it looked like right at the time you fell.  And always consult with a lawyer to determine if something can be done to help you recover for your injuries.