QUESTION
Can I be sued if child is hurt falling off wall in my front yard?
Asked on Apr 05th, 2013 on Personal Injury - California
More details to this question:
I live close to an elementary school and have a high number of parents who park in front of my house to walk their children into school. I have a wall made of cement pavers (2 high) that boarders the sidewalk in front of my house. I have redirected children several times to not walk on my wall. Can I be sued if a child is walking on my wall, falls, and is hurt? Short of removing the wall, how can I protect myself from this?
11 ANSWERS
If you were not careless or negligent (for example, by having it in a state of disrepair(, you should be fine. You may want to post a sign on the wall.
Answered on Apr 08th, 2013 at 9:12 PM
James Eugene Hasser
Yes, you can be sued, but the question is would you be liable. A landowner is liable in Alabama if you fail to warn against, guard against or eliminate a hidden dangerous condition. While your wall is not hidden, it obviously poses an attractive nuisance, somewhat like a pool. And to further complicate matters, you are dealing with children varying in age and abilities to recognize and appreciate danger. Check with your local authorities to make sure the wall is not on their property and is constructed in accordance with all laws, rules and regulations. Post signs to keep off the wall. If you have to, call the police to help you keep the kids off the wall during pick up and drop off hours. Contact your homeowner's insurance company for suggestions on protecting yourself.
Answered on Apr 08th, 2013 at 8:51 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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See a lawyer about "attractive nuisance".
Answered on Apr 08th, 2013 at 8:40 PM
Insurance Attorney serving Redlands, CA
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Orrock, Popka, Tucker & Dolen
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You can be sued for injuries that happen on your property. You may not be liable and usually your homeowners insurance company will provide attorneys to defend you. Keep your property as clean and safe as is reasonable. You cannot protect against careless and litigious parents with unruly children but you can be prepared to defend yourself against these claims by taking reasonable precautions.
Answered on Apr 08th, 2013 at 1:32 AM
John J. Carney
You can be sued for almost anything and having a wall that kids can fall off of might be one of them but you would have to be negligent or have some hazard on your property and I do not see how a short wall is negligent. Put up a sign saying " private property no trespassing."
Answered on Apr 07th, 2013 at 9:32 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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When someone describes a condition or activity and asks, "can I get sued?" - I can never say with absolute certainty that you cannot get sued. However, I do not see much danger of your getting sued. Any danger is open and obvious, the children are trespassers, and it does not appear that there are any steps that you can take to take it safer. Plus your homeowners insurance should defend any suit if one is brought. If you drive and have less than $1,000,000 I would say your are at higher risk of causing and auto accident and being sued for an amount exceeding your coverage. While that may seem beside the point, I say that because I am often asked by people if they could get sued because of this activity, or that condition that is low risk. While I cannot rule out a suit with absolute certainty, I can usually say your risk of suit is lower than the risk you take when you drive.
Answered on Apr 07th, 2013 at 9:14 PM
Ronald A. Steinberg
The kids are trespassers. Check with your homeowners insurance.
Answered on Apr 07th, 2013 at 9:13 PM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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If someone is hurt and makes a claim, you turn it in to your homeowner's insurance and they will respond and defend you. Michigan law does not say that a premises owner has liability for every injury that may happen on their premises, but only for injuries caused by their negligence - and even then, Michigan law is moving toward coming close to giving immunity to property owners for injuries occurring on their property (which probably begs the question of why you even need homeowner's liability coverage?).
Answered on Apr 07th, 2013 at 8:44 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Theoretically, this could be classified as an "attractive nuisance". You could put us signs "keep off wall". Make sure you have the necessary insurance coverage. You might want to add a "medical payments" provision if you don't have one. This will pay medical bills whether it's your fault or not, which may avoid a spurious liability claim.
Answered on Apr 07th, 2013 at 8:42 PM
Michael J. Breczinski
Well I would contact a local lawyer about this since the rule of liability in these matters varies from State to State.
Answered on Apr 07th, 2013 at 8:24 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Can you be sued? Yes, anyone can sue anyone over anything. Will they prevail? Probably not. Just make sure your homeowner's insurance policy is up to date.
Answered on Apr 07th, 2013 at 8:20 PM