The county would like to build a channel on our property as part of a larger drainage system. As private land owners are we liable for any injuries that would occur in the channel both on our property or in the system as a whole?
Answer
Assuming the channel is an open canal or ditch drain, you will typically not be held liable for injury occurring within the channel as the county will either hold title to the property or an easement allowing its existence on your land. Since they are "creating the problem," you will most likely not be held liable if someone injuries themselves in the channel. The county government will be responsible to enure the channel does not present an unreasonable danger to the public.
That being said, if conditions on your property cause the channel to be a greater danger, you could be held liable for injuries. An example of this that I have seen includes an instance where a city installed a drainage ditch and fenced both sides of the channel, but the property owner created a hole in the fence and allowed people to access the channel through the hole. Another example I've witnessed is where a property owner created a small "pier" out into an public water canal and a zip-line across it for recreational purposes. In these instances, the property owner would most likely be liable because they created the conditions that facilitated an injury.
The most practical approach is to cooperate with the county and ensure they construct and maintain adequate safeguards against personal injury. If you do so, you should not have to worry about any liability concerns. It will be the county's problem.
If you have further questions, please do not hesitate to contact me.
-Riley Snow
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