QUESTION
How can I keep away liability issues with neighborhood children on our play set?
Asked on Sep 20th, 2012 on Personal Injury - Virginia
More details to this question:
We have a play set up on our yard for our children. Lately, random children from the neighborhood have been showing up to play with our kids. I don’t know them and their parents are never around. I just want to keep myself protected in case of an injury.
16 ANSWERS
Motor Vehicle Accidents Attorney serving Lincoln, NE
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Lapin Law Offices
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The only way to shield yourself from all potential liability for these "random" children playing on your play set is to completely prevent these children from playing on the play set, either by removing it or putting up a fence that would keep these children out. The fence would have to taller than these children and not easily climbable. Other than these two options there is no way to 100% protect yourself from liability if a child was injured. Your liability if someone is injured depends on a number of factors, including, but not limited: what caused the child's injury; the age of the child; was there something wrong with the play set that caused the child to be injured or did the child cause his or her own injury.
Answered on Oct 03rd, 2012 at 12:25 AM
You can make signs with a disclaimer of any liability and inform the children to get permission from their parent(s).
Answered on Sep 24th, 2012 at 6:01 PM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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Kick the kids out. The only way.
Answered on Sep 24th, 2012 at 1:39 PM
Ronald A. Steinberg
Put a fence around it. It is called an attractive nuisance, and you will be liable if someone gets hurt on it, whether or not you are home.
Answered on Sep 24th, 2012 at 1:39 PM
Commercial and Business Transactions Attorney serving San Mateo, CA
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Avialex Law Group, LLP
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Assuming you don't want to fence off the play set or tell your kids not to let strangers use it AND getting a liability release from the parents of neighborhood children isn't realistic, the easiest thing would be to contact your insurance company and make sure your renters or home owners policy has adequate coverage for possible injuries.
Answered on Sep 24th, 2012 at 1:34 PM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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PUT A FENCE UP WITH A LOCK.
Answered on Sep 24th, 2012 at 1:34 PM
Personal Injury — Plaintiff Attorney serving Taylor, MI
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Downriver Injury & Auto Law
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Lock up your yard. You have created an attractive nuisance.
Answered on Sep 24th, 2012 at 1:33 PM
Brain Injury Attorney serving Baton Rouge, LA
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The Lucky Law Firm, PLC
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You should put up "no trespassing" signs in your yard. Also, you should get the contact information for the parents of the children who are using the play set and notify them that their children are not be using the play set without your expressed permission. Also, you should consider putting up some type of fencing around the play set to keep others out.
Answered on Sep 24th, 2012 at 1:32 PM
It's called an "ATTRACTIVE NUISANCE." You'll have to FENCE this off and POST signs. Try to get a hold of the parents to sign releases too.
Answered on Sep 24th, 2012 at 1:32 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Build a fence, post a sign, talk to the parents
Answered on Sep 24th, 2012 at 1:32 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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You can't. You can only protect yourself with insurance. Here's why: you can only be held liable if someone can prove that you were negligent, meaning that you failed to act as a resonable person under the circumstances. If a child is injured on your property, that does not automatically make you liable. But: someone can always claim that you were negligent whether you were or not. So: make sure you have liability insurance. That will cover both claims that you are legally obligated to pay, and defense of negligence actions against you (the insurance company hires and pays a lawyer for you). I also recommend that you check with your insurance agent that you have a medical payments provision of your liabilty policy (referred to as "med pay" for short). This will pay for the medical expenses of someone injured on your property whether it was your fault or not, up to a certain amount. That way, if there is an injury, the parent may be satisfied just with the bills being paid and let it go at that.
Answered on Sep 24th, 2012 at 1:31 PM
1 Award
It is an attractive nuisance so you need to fence it off so it is not visible and appropriately lock the fence.
Answered on Sep 24th, 2012 at 1:31 PM
Slander and Defamation Attorney serving Tucker, GA
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Law Offices of David W. Hibbert
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Be sure "play set" is installed in a safe environment and installed correctly. Properly anchored. Keep it in good repair. Inspect it regularly, repair as needed. Don't allow under age/size children to play on it unattended. Monitor usage. Fence yard. Maintain homeowners insurance. Tell those "strays" they can't use your play set without permission from their parents. Safety never takes a Vacation.
Answered on Sep 24th, 2012 at 1:30 PM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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A. Put up a fence so not just accessible to all B. Tell the kids to go home C. Call your insurance carrier and see what you can do
Answered on Sep 24th, 2012 at 1:30 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Put up a fence, post no trespassing, and ask the uninvited children to leave and not return. Also, make sure you have more than adaquate homeowners insurance coverage.
Answered on Sep 24th, 2012 at 1:29 PM
Personal Injury Attorney serving Richmond, VA
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Blank & Marcus, LLC
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Put up a no trespass sign on your property and a do not use sign on the swing set.
Answered on Sep 24th, 2012 at 1:28 PM