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LegalGround >> Question concerning accident


6/26/12 2:53 PM
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cleetdog101
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My cousin was cutting tree branches & tree limbs from a tree on someones elses property - at their request. He was up a ladder, with a chainsaw doing the work. A rather large limb unexpectedly jumped his way as it was falling to the ground & it struck him in the head. He received a 5 inch gash across his head, i could see his skull from the wound when we were at the ER. He has severe headaches, neck pain, cognitive problems now - whose liable? My cousin; the property owner who asked him to do the work? Both?
6/26/12 11:53 PM
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turducken
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i suggest filing suit against the property owner, the manufacturer of the saw, the store that sold him the saw, the manufacturer of the ladder, the store that sold him the ladder, the landscaper who normally trims the tree, the heirs of the person who planted the tree, and the national arbor day foundation
6/27/12 1:37 AM
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cleetdog101
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LOL. Is there a serious answer in there somewhere?
6/29/12 1:50 PM
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WikiTheWalrus
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So, your cousin was cutting some tree branches and hurt himself on someone else's property - due to his own negligence - and you want to know if he can sue someone else for his mistake?

Yes, but he probably won't win.

Your cousin is at least partially liable, although it sounds like he is wholly liable. Damage awards in cases where both the plaintiff and the defendant share liability varies depending on the jurisdiction. In some jurisdictions he wouldn't receive anything, even if he was only 1% at fault. In others he could recover a portion of the damages equal to the defendant's liability.

Simple solution, tell your cousin to stop making stupid decisions or disown him.
6/29/12 10:28 PM
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cleetdog101
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Thanx for the info.

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