what do you guys think

[travydog]

Last december i hit a rock while riding my sled in a ditch a mile and a half from my house. I know for a fact that the landowner put the rock there but have no way of proven it. I have contacted many many many lawyers and none will even look into it because they dont want to put there time in and not be able to win. I can see there side but if everyone had that attitude nothing would get done in the world. Do you guys think that it is right that the landowner can get away with that. Im i wrong in thinking that they should pay some of my medical bills which are 32000?

 

[Snorider]

did ya have permission to be on the land?

 

[switchback]

Why did he place it there? Assuming he did.

 

[up-high]

Its his land.

 

[Ollie]

I am no lawyer, but wouldn't you have to prove he put it there?
If you can't prove it, you can't win.

 

[sledhead ut]

Ride at your own risk.

Private property is just as it states. If a land owner puts out a hazard on purpose, that is his right. Even with permission to ride there, you ride at your own risk. He is not obligated to post warnings for so called hazards. Even if they are maliciously placed. I would say you're screwed. Sorry.

 

[AkHockey10]

Did he place it there after you were moved in?

 

[K.Materi]

Sorry your SOL.

 

[Snowizard]

Road ditches are on the public right-of-way, most places, unless there is some different circumatance in this case.
We run into crap like this all the time in my area. People will put a rope, cable, snow fence, a pile of rocks, you name it, in the ditch. If that ditch happens to be part of our trail system, we send the sheriff out to 'splain it to'em. Move it, or they are liable for any accident of injury.

But like someone said, 'spose you would have to prove he did it. I'm not a lawyer, and never played one on TV.

 

[sledhead ut]

I read that he said land owner. Not common ground ditch. That would be different. But still unprovable.

 

[Jeff C]

Here is what would happen in court:


Judge: Mr. Travy dog, can you explain what happened?
Mr. Travy Dog Lawyer: Well we believe that this landowner put that rock where it would hurt a snowmobiler.
Judge: Is that true Mr. Land owner?
Mr. Landowner Attorney: My client liked that special rock, and he moved it to that location cause, well it is his land and he just wanted the rock at that spot on his land. My client did not know that he needed someones permission to put that rock in that particular place.
Judge:YOu are correct, he does not need permission, case dismissed.

 

[sledhead ut]

Just curious what your injuries were. 32K must have really messed you up.

 

[shortstop20]

Read people, read!

The rock was in the ditch, which is the public right of way. Landowners' do NOT own the ditch, you are required to mow the grass but you do not own it.

Regardless though, unless you can prove beyond a resonable doubt he put it there you have no case.

Wear a wire and get him to confess.

From a fellow Dakotan, sorry to hear what happened travydog.

 

[travydog]

thanks for all the input it was in a ditch not on privite property. He put it there to keep people from going in his crp which was hayed last year. He could have just fixed the fence and it would have been the same result except for me getting hurt. He is a shady guy he has even went so far as to tell people that my own dad put the rock there, but never gave a reason why my dad would do it. the rock measures 16 and a half wide by 22 tall and is 18 long two guys infront of me didnt see it and hapened to miss it i was the lucky one. I hit it and went for a little flying lesson to the tune of 105 feet, and when i stoped i was leaning against a fence post and was in tangled in the fence. I ended up breaking my left leg and was in the hospital for 6 days. I had complications with the surgury and ended up getting a clot in my lung which about killed me. They put a rod and 3 pins in, and i was no weight bearing for 4 months and with that my knee locked up and now i can only bend it to the max 96 degrees. The dr says thats the best it will get to so i am stuck. Right now the total bill is 49,000. I have insurance but i had a 5000 deductable and a 80/20. And to top it all off since it hapened last dec 30th i have to pay last years deductable plus 8000 for the first two days in the hospital and the rest is from this years. I was wrong with my last figure with my first post it should be 26000 that i have to pay. This is the first time i have ever had to use my insurance or have ever broke a bone. Yes i know that I would have to prove that he put it there with out reasonable dought. Thats about impossible. Ok theres my rant. It just makes me so mad that one guy can ruin my life and doesnt have the common curtisy to say sorry or even call and ask how i was doing. Thanks for listening. Oh ya and next year i will have a diferent sled I will be going a little slower and be looking more but nothing is going to keep me off a sled, If i can find the money for a new one hahhahaha.

 

[shortstop20]

Talk to people that know him personally and see if he has confessed to any of them. If he indeed has you can have the witnesses supena'd(sp?) and they will have to testify before a judge. Witnesses cannot claim the 5th Amendment because they are not protecting themselves from any wrong doing, they did nothing wrong. If they have information they are required to disclose it.

 

[pinnedunderdoo#3]

wow serves you right for being a ditch rider haha no but honestly in canada you hit a rock say that f@cking hurt drink some beer with some buddies then come back with a big old diesel and skid that rock down the road where is out of the way... or you can go to court and loose more money they will say you were going to fast and what not you wont win either way your screwed...

 

[winter brew]

Why were you riding in a ditch ???

 

[tranquillicer]

Rock and Roll

Too bad you were hurt but you might want to stand in front of a mirror here and ask the guy you are looking at if this had anything to do with the way he operates his sled. You FLEW for 105' you were doing around 80mph when you hit that rock. That could have been a culvert or a nasty set of ruts from a vehicle or a drift that blew in since you were ther last. A neighbor here did almost the same thing last year and got off way easier than you but I think maybe you ride like him.....RECKLESS.
If he put the rock there with intend to harm anyone he should receive a little Frontier Justice but you need to save the speed for areas you know are safe.

 

[tundramonkey]

It's not public land it's a utility easement on private property! If they want to widen the road then the county must buy it from you, or purchase the new easement. Most easements are 33 feet from the center line, which do include the a good portion of most landowners ditches, but the landowner still owns it and can do what they want with it. Sorry to hear about you accident but I don't think it would stand up in court.

 

[jsledder]

That sucks! Who is the said vilian?

Like mentioned before, the only way you could probably have a shot is to get him to admit it to someone.

That's a lot of "out of pocket" expense? Most plans have a 10-20K maximum out of pocket don't they? We are going in for a major surgery on my son and that's going to be around 150K and our maximum out of pocket is only 5000.

I'll bet your going to be surprised in how different you ride now.