If you own property, Premises Liability is a legal concept you should familiarize yourself with, particularly if you have an old or junk RV parked on your property. A property owner is responsible for ensuring the safety of anyone who enters their property. This responsibility extends to the conditions and potential hazards that may be present, including old, unused, or dilapidated RVs.
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The implications of Premises Liability
When you own property, you owe an inherent duty of care to those who enter it. This duty means that you may be liable for damages if someone suffers an injury due to a hazard, such as a deteriorating RV. This liability can result in significant legal and financial consequences.
The liability and other risks of invited visitors and trespassers
If someone you’ve invited onto your property gets injured because of your junk RV, you may be liable. Imagine hosting a gathering and a guest, or even worse, a child, gets hurt while playing on, in, or under the RV. Such incidents can lead to substantial legal ramifications.
Even a trespasser—someone you didn’t invite—could enter your premises, and if that intruder gets injured by the junk RV, there’s a possibility they could file a personal injury claim against you. Such a possibility is significant if you’re aware that trespassers frequently access your property, such as if it’s a known shortcut to a nearby location. Also, in today’s upended world of large numbers of homeless people living on the streets, your derelict RV could even become an attractive nuisance, resulting in unhoused people taking up residence therein.
There are some additional legal concerns with storing a junk RV. Beyond premises liability, there are other considerations to be aware of:
State and local blight laws
Many states have established blight laws prohibiting the storage of non-operational vehicles, including old cars, trucks, and junk RVs. These laws aim to maintain the aesthetic appeal of neighborhoods and ensure safety. These laws have also been enacted in county and city jurisdictions as well. Even if your junk RV isn’t violating statutes, it might still be a source of contention within your community. An unsightly RV can be a nuisance to neighbors and potentially decrease property values in the area. Many local governments and Homeowner’s Association (HOA) actions against property owners arise from RVs parked on a homeowner’s private property.
The challenge of selling a junk RV
While selling a junk RV might seem appealing, traditional methods might not work with a dilapidated or inoperable RV. There are options.
Engaging specialized RV dealers
A practical solution is to approach specialized RV dealers who purchase RVs irrespective of their condition. These dealers offer competitive prices and often provide free hauling services, ensuring you not only rid your property of potential hazards but also earn money. Another alternative is automotive scrap yards, which will take the vehicle off your hands (and property) and recycle it as scrap.
The imperative of addressing junk RVs
A junk RV on your property isn’t just an eyesore; it’s a potential legal and financial risk. The liability rests with you if an injury occurs due to the RV. The most prudent action is to engage with a specialized dealer or salvage company, have the RV removed, and possibly derive some cash value from the sale.
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This is a good example of having a personal insurance agent, not some phone tree person answering the phone. This all depends on the situation , but most homeowner policies will extend liability to this risk. Call your agent, give him the details and find out if you can be covered for the risk. We had vacant property in the mountains that we would sometimes camp on, at that time it was $10 a year to extend liability from the homeowners policy to that address.
Thank you, Randall. We haven’t any old RVs, but we do have several out-buildings. Certainly, we take seriously our responsibility to prevent dangerous conditions. But, aren’t umbrella insurance policies aimed at just these situations?
In general they are, but where it gets down to the individual policy provisions is when a vehicle is non-road-worthy or dilapidated or anything about its condition is a hazard. It would be worth checking with the underwriter to determine what is or is not covered in your specific situation.
Thank you, Randall! Good idea! And I need to talk to our agent about replacing the pitted 17-year-old windshield on DW’s car while I am on the call. 🙂 Now I have two reasons to call.
The idea of “Salvaging” a RV is a noble thought that rarely if ever works!
Virtually no salvage yard, car lot, towing company, local recycler whoever will take a old RV at all. That includes FREE RV’s!
Too much wood which is worth NOTHING and not enough metal which is worth SOMETHING!
Any old RV that is not mobile is a huge liability on your property. Finding a way to get rid of it to anyone can be a HUGE hassle.
One of the best ways to get rid of it is to sell the property with the RV still on it. Let the next guy deal with this problem!
Thanks for the “heads up” article Randall.
Many charities accept and haul away old trailers, RV’s ect. regardless of condition.
My concern on my property is people climbing over “no trespassing” signs. I don’t have old RVs but other things. I call cops and the fine for them is $1,000. Otherwise, I give them hell and threaten to call police. I take license numbers and pictures while they try to hide their face in a hoodie. And I pack; it’s what country folks do. Having good insurance is about all one can do. They all know they’re trespassing and have come to steal anything possible. It seems to be the world today.