We have some new neighbors in an apartment building right next to us. There is no fence on that side of the yard, but I have told the children (who are outside alone) that they may not play in our yard. They were playing ball a few weeks ago and throwing the ball against our home and the windows, riding their bikes around in our driveway (with 2 classic cars right there) and using my daughters swingset and outdoor toys.
Each time, I nicely asked them to not play in our yard and showed them where our yard starts. Yesterday, they were back and with friends, all of them playing football in our yard about 10 feet from my front window. I went out and asked them to go play in their own yard and the mother came running, screaming about how they can play wherever they like and how I was ridiculous and rude for not letting them do what they want.
So if one of her angels falls or breaks a leg on our swings or one of our toys, are we liable for the injury? Thanks in advance!
2006-08-07 20:00:55 · 12 answers · asked by Anonymous in Society & Culture ➔ Etiquette
Liability depends on the state & local laws.
If you've told the mother you don't want the kids playing in your yard, they're trespassing. I'd write a polite letter to the apartment management telling them what's happening and asking THEM to deal with it. Don't mention laws or liability or tresspassing, just a polite request. KEEP A COPY. Go to the Post Office get a "Return Receipt & Signature Required". If it keeps happening, call the police.
2006-08-07 20:25:11 · answer #1 · answered by jagfanantic 3 · 0⤊ 0⤋
Yes, you are liable. You said you asked the children not to play in your yard. You need to go knock on their door (not this late) and TELL not ask, the PARENTS not the kids, that their children are not permitted to play in your yard. You may also want something in writing to prove that you had this discussion with the parents. Also, go ahead and put up a fence soon.
2006-08-07 20:13:18 · answer #2 · answered by Anonymous · 0⤊ 0⤋
If one of the kids gets hurt on your property, it is your responsibility. It will go on your homeowners insurance. Post NO Tresspassing signs all over your property. If they tresspass call the police. Explain to the police that this has been an on going problem and tell them what the mother to you. If all else fell's put up a privacy fence. Contact your homeowners insurance agent and tell them what is happening, they maybe able to help you in this situation.
2006-08-08 04:58:16 · answer #3 · answered by sunflowerlizard 6 · 0⤊ 0⤋
you are not liable if the little darlings are on your property uninvited. unless you have a swimming pool. then you better have a fence. best thing to do is ask your insurance agent or a lawyer. some states may be different as far as liability laws.
2006-08-07 20:12:12 · answer #4 · answered by Anonymous · 0⤊ 0⤋
It is sad, but true. If they were to get hurt, you would be liable. You could be sued because the toys and antique cars could be viewed as an attraction for the children. Have good home owners insurance and build a fence pronto! I wish you good luck in this.
2006-08-08 07:32:18 · answer #5 · answered by Anonymous · 0⤊ 0⤋
oh my....
in that case, if you're really scared that injuries may happen and they may sue you, then tell on them first for trespassing
tell their mothers first
explain your reasons of course saying nicely that you don't want kids being injured in your yard and you'd appreciate it if their kids can stay away from it
if the parents start being mean, then you just threaten them by saying you'll call the police for people trespassing
but your neighbors would sure hate you for that
2006-08-07 20:07:05 · answer #6 · answered by Rock 4 · 0⤊ 0⤋
Get a fence, my dad did at the old house we lived in because the kids next store would always come into our yard.
2006-08-07 20:04:27 · answer #7 · answered by Anonymous · 0⤊ 0⤋
You probably would have a good case, but, if I were you , if at all possible, you need to fence your yard. If the little kids can get in, so can the punks.
2006-08-07 20:09:42 · answer #8 · answered by Scorpius59 7 · 0⤊ 0⤋
Yes, you would be liable, and I would put up a fence if I were you. That mother is more interested in having her kids outside where she doesn't have to deal with them.
2006-08-07 20:04:59 · answer #9 · answered by The Apple Chick 7 · 0⤊ 0⤋
hey, heres an idea. you know those dirty coppers you see pulling people over for speeding? well give em a call! to serve and protect have we all forgot these guys do things other than write tickets? if you have trespassers and dont want them there i would call the cops. ESPECIALLY after theyve been warned dont be the fool
2006-08-07 20:09:30 · answer #10 · answered by ? 3 · 0⤊ 0⤋