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Legal question just for curiosity, can you be sued because a person trips over a city owned sidewalk and is injured in your rose bushes?

Asked by Hypocrisy_Central (26879points) December 29th, 2014

Not that there are any real attorneys here, but out of curiosity who do you think would be at fault? If in front of your house was a tree lining the street, the tree belongs to the city as does the sidewalk. Because the tree was not planted deep enough decades ago the roots push up and cause the sidewalk to be uneven. The city has not made repairs to the sidewalk, but they have marked it with fluorescent warnings letting pedestrians know the pavement is shifted. Someone comes walking along texting and miss the florescent warning, trips on the uneven sidewalk and lands in your rose bushes getting badly cut and scraped up. Can the pedestrian sue you, the city, both of you, or just have to lick their own wounds? If they did sue, what do you believe their chances of success will be?

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