Who is typically liable for damages caused by maintenance activities in a right of way?

The party conducting the maintenance is typically liable for damages caused by maintenance activities in a right of way because they are directly responsible for the actions being taken. When maintenance is performed, it involves the use of equipment, labor, and decision-making that can lead to incidents affecting adjacent properties or public spaces. If damages occur due to negligence or failure to follow safety protocols during those activities, the responsibility for any resulting harm or damage falls on the entity performing the work.

This principle aligns with general tort law, where the party in control of a given activity is usually accountable for any negative outcomes that arise from that activity. The rationale is that they have the authority to implement safety measures and should be knowledgeable about the risks involved in their maintenance operations.

While property owners may have some responsibility for maintaining their adjacent property within the right of way, the specific actions of maintenance being undertaken place liability squarely on the party conducting those activities. Therefore, this understanding reinforces the position that the individual or organization responsible for the maintenance work is held accountable for any damages incurred.