There is a young couple renting the place next to us who have put a trampoline right up against our privacy fence that is around our front yard. It's a very large one, at LEAST 10 feet wide and tall enough that the neighbors can stand on it and look over our 6 ft. fence.
I'm annoyed at our loss of privacy, but what I'm more concerned with is the possibility of someone jumping on this thing and flying over my fence.
So, my questions are:
1. Would I be liable if someone were to fly over the fence and get hurt?
and 2. Does anyone know if they are supposed to keep that thing a certain distance from adjoining properties?
The neighbors next to us are in the same boat because the trampoline is against their fence as well.
Any advice would be greatly appreciated. TIA!
p.s. Asking them to move the thing will get me nowhere, I've already tried and they responded by moving it closer.
2007-04-11 04:45:06 · 9 answers · asked by lantzali 2 in Business & Finance ➔ Insurance
I would get in touch with the owner of the property right away & tell them the trampoline is there - I would call first if possible & follow up with a certified letter, return receipt (keep a copy of the letter & receipt #) to prove when you notified the landlord about this. They would be held liable for any injuries caused by the trampoline since it is an "attractive nuisance" and they allowed it on their property. Probably the renters don't have renters insurance, if they did, the question would be asked if they had a trampoline & if they answered honestly, they wouldn't be able to get a renters policy. Maybe if the owner realized that s/he could be held liable for this, the trampoline would go away. I know of 3 cases of injury on a trampoline, one adult broke their back & is paralyzed. One child crawled under, the other older child didn't see this, jumped and KILLED the little one underneath (so the netting around does NOT help) and another adult severly bruised their cocxy and was in quite a bit of pain for a while (that was the minor one). I don't know if you would be held liable (what if they landed on TOP of YOUR fence?) but I wouldn't doubt that you would be brought into a lawsuit if someone landed on your fence or your property. Your homeowners insurance will defend you but will only pay if you are found negligent. Good luck to you.
2007-04-11 23:18:16 · answer #1 · answered by Sue 6 · 1⤊ 1⤋
Unfortunately, your options for this are pretty limited. And, if they moved it closer when you asked them to move it, it doesnt sound like they are the most courteous of neighbors.
That said...
If you live in an area with an HOA, check the by-laws for it, and see if they are even allowed to have the trampoline. That may be the resolution right there.
If not, and they are causing a nusance, then you can contact the police and file reports against them. This wont do much, but after awhile, they may get a ticket which would force them in to court, and have a legal decision made on the tramp.
If, however, someone were to use the trampoline to jump over the fence, you would not be liable for injuries under most circumstances. That would be when the police reports and dated copies of letters asking them to move it would come in to play. Any damage to the fence would be on them as well.
Since the house is being rented, your best short term option may be to contact the owner of the property, and let them know of the complaint. If its a private person, the possibility of injury liability may make them tell the people to remove the trampoline altogether.
One final option is that you can look in to adding a privacy fence around your patio. It confines you a bit more, but you would still have the privacy.
2007-04-11 05:01:16 · answer #2 · answered by dmc177 4 · 0⤊ 0⤋
Trampolines, in my eyes, should be outlawed. But, many companies have recently started changing their views on trampolines. They will insure someone with one if it has the big safety cage around it. Also, everyone has said that you would not be liable and you probably would not, but , because they land on your yard I would be prepared to be pulled into a lawsuit. An attorney is going to pull you in because they landed on your yard.
I would contact the homeowner, not the renter. The homeowner may have an insurance policy that does not allow the renter to have a trampoline. Explain to the homeowner your concerns. Check with the city and see if there are any codes for trampolines, maybe they have to be so far from any other properties.
Good luck
2007-04-12 04:18:19 · answer #3 · answered by blb 5 · 0⤊ 0⤋
1.you have no liability for people who land in your yard after flying over your fence, so long as you dont install punji sticks or a burmese tiger trap to welcome them upon their descent.
2. your town zoning office can tell you if there is a sideyard setback requirement. Usually this only applies to permanent improvements like sheds houses garages, though but the zoning officer can tell you what the rules are and whether a trampoline is affected.
3. I would definitely contact the owner of the property, since trampolines are routinely excluded from liability insurance and that owner may have liabiilty if someone is hurt on that trampoline.
Sorry dudette. Best of luck. I thought the midnight gasoline option above was, er, "creative".
2007-04-11 06:59:27 · answer #4 · answered by Anonymous · 1⤊ 0⤋
Tough question. The trampoline is on their property, so I would think you are out of luck. Hopefully, this will just be a fad with the kids and after a while they will tire of it and not use it so much. The more fuss you make, then the more they may use it, just to irritate you.
I doubt that you would be held responsible if a kid jumped over your fence, but I am no lawyer, and the law does get kinda goofy sometimes and you never know, so ask one who can give you a good answer.
2007-04-11 04:54:09 · answer #5 · answered by Fordman 7 · 0⤊ 0⤋
I don't think the neighbor has a legitimate gripe. If your sister was using the trampoline to look over the wall, then the neighbor has a point. But, since they're just playing. Nah. You're OK.
2016-03-17 23:20:15 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Send them a certified letter, look up their property information online (this could be the county tax commisioner's office) to send the owner a certified letter and contact your local code enforcement department. If you get nowhere those options, call the non-emergency number for the police department.
2007-04-11 04:53:08 · answer #7 · answered by Anonymous · 0⤊ 0⤋
1) they will be liable since they were on it. take a pic of how close it is to your property line for reference. call your homeowners insurance and double check to make sure you will not be held liable.
2) contact there rental company and complain if you know the realtor renting the place out.let rental comp. know that you have ased the to move it and they moved it closer
good luck!
2007-04-11 13:20:08 · answer #8 · answered by hondaracingchic 2 · 0⤊ 0⤋
unfortunately because its on their property you cannot make them move it. you would NOT be liable for any injury they would. it would surprise me if they have any liability coverage for this though, as most insurance companies will not insure trampolines.
2007-04-11 05:38:12 · answer #9 · answered by Queen B 6 · 0⤊ 0⤋