Bikers are used to dealing with debris on the roads. But what do you do when you encounter grass clippings, yard waste or landscaping debris that are cast on to the road surface by the adjacent property owner? Read on and I will tell you how an attorney looks at this subject.
It’s Not My Fault!
Many of us begin with the assumption that someone can create a hazard on the road surface or a public thoroughfare unintentionally and not be responsible for the peril it caused. Add to the scenario a property owner that says, “I am just cutting and trimming my grass and property. The wind may carry clippings and grass to the road. That’s nature. I have not done anything wrong. However, an attorney can show you, that in many cases they have violated local ordinances. That means they did something wrong and it also means there was a right way to do maintenance his yard.
A good attorney learns to listen first, then verify everything. The property owner says he has done nothing wrong. The first step is to find out what is right and wrong according to the ordinances of his county.
The attorney does not put on his three-piece suit, jump into his Mercedes, and burst into the court waving a faded piece of paper. Instead, he pours a cup of coffee and Googles a simple string of words like “Marion county Indiana ordinances” and drill down in the first subsection. He is basically looking for an ordinance on littering.
It’s Just Like Any Research
The ordinance site is user-friendly. You have done this all before. When you had to write a report in high school. When you needed backup data for a project in college. You dig deep and if the site doesn’t fit what you are looking for, it will give you clues on where to go next.
You research until you know for sure it is for your county. Drill down and be sure the ordinance is for a public place.
Your attorney looks at the roads exactly like this. They are public roads, paid for and maintained by our tax dollars. Is someone or something is causing those roads to be unsafe, he wants to find out who. If that person or company feel they have no control or they are not doing anything wrong, he wants to know what the law says. And, if their opinion and legal opinion do not mesh, he will fight for the responsible party to pay for damages for his client.
If you have any further questions, feel free to contact me. I am Attorney, David Henn.