ABA Family Legal Guide

Personal Injury

Negligence

Injuries on Others' Property

My daughter and her friends went snowmobiling on a nearby farm. When the vehicle ran into a fence, one of them got hurt. The farmer now says he is not liable. Is that true?

If landowners know that others are using their land for snowmobiling, most states say they must warn snowmobilers about hidden dangerous conditions or remove them. Was the fence visible? Did the farmer recently build it? A few states, such as Michigan, have laws specifically dealing with liability when someone uses property for recreational purposes without permission. In those states, the farmer probably would not be liable if he did not authorize the group to be on his land and had not acted recklessly. You might want to ask a lawyer about your state's law.