{"id":1142,"date":"2016-09-30T06:24:41","date_gmt":"2016-09-30T11:24:41","guid":{"rendered":"http:\/\/www.illinoisinjurylawyerblog.net\/?p=1142"},"modified":"2018-04-12T12:38:09","modified_gmt":"2018-04-12T17:38:09","slug":"court-determines-land-surveyors-considered-professionals-negligence-claims","status":"publish","type":"post","link":"https:\/\/www.molllawgroup.com\/blog\/court-determines-land-surveyors-considered-professionals-negligence-claims\/","title":{"rendered":"Court Determines that Land Surveyors Are Considered \u201cProfessionals\u201d for Negligence Claims"},"content":{"rendered":"

A man filed a negligence case against a land surveyor after he tripped and fell on a stake while on his own land. The stake had been placed there by a surveyor while he was performing a survey of the land. When the surveyor had surveyed the land, he marked the boundary of the property with wooden stakes tied with ribbons, which were driven into the ground. They were surrounded by grass but still visible. Shortly after the completion of the survey, the landowner was unloading some equipment into a storage building when he tripped on one of the survey stakes. He seriously injured his hip and then sued the land surveyor for negligence. An appellate court recently issued an opinion<\/a> in the case.<\/p>\n

The plaintiff\u00a0did not present an expert witness to support his case. The surveyor argued that the plaintiff was required to show that his conduct fell below the standard of care in his placement and removal of the stakes. The plaintiff argued that placing stakes in a way in which they were not clearly visible was ordinary negligence, rather than\u00a0professional negligence. He\u00a0also argued that it was within the common knowledge of laypersons and that an expert was not required under the \u201ccommon knowledge\u201d exception. Under the common knowledge exception, a party can\u00a0make out a case of professional negligence without expert testimony in cases in which\u00a0the evidence and alleged negligent conduct is\u00a0within the understanding of laypersons.<\/p>\n

First, the court had to decide whether or not land surveyors are “professionals” in order to decide whether expert testimony was required. The court found that based on the specialized knowledge, high standards, and continuing education of surveyors, registered surveyors are technically professionals. Since\u00a0the defendant was a professional, a plaintiff is normally required to present expert testimony to establish the standard of care.<\/p>\n

Continue reading \u2192<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

A man filed a negligence case against a land surveyor after he tripped and fell on a stake while on his own land. The stake had been placed there by a surveyor while he was performing a survey of the land. When the surveyor had surveyed the land, he marked the boundary of the property […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[15],"tags":[],"class_list":["post-1142","post","type-post","status-publish","format-standard","hentry","category-personal-injury-legal-theories"],"yoast_head":"\nCourt Determines that Land Surveyors Are Considered \u201cProfessionals\u201d for Negligence Claims — Illinois Injury and Mass Tort Lawyer Blog — September 30, 2016<\/title>\n<meta name=\"description\" content=\"A man filed a negligence case against a land surveyor after he tripped and fell on a stake while on his own land. 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