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Old 07-12-2014, 11:14 AM
 
Location: Houston
9 posts, read 15,377 times
Reputation: 21

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Quote:
Originally Posted by imback View Post
I am sorry to be blunt, but the questions you should be asking yourself is not how to be "friendly", but - in our super-litigious society -

"What if those cute little girls - or one of their lemonade customers - had slipped on my walkway or in any other way been injured on my property?"

and

"What if one of those cute little girls - or some other child - gotten themselves trapped ans suffocated to death in the unlocked refridgerator I have left outside?"

The answer to both questions is that you would be sued calamitously for every penny you have - probably far beyond the limits of your homeowners's insurance. And in the case of the refridgerator, there might be criminal charges.

Allowing their daughters to even set foot, much less a lemonade stand, on your property without permission is not "friendly" or even inconsiderate - it is trespassing. These people have given you a loud and clear message about their value system.

I'd suggest that you immediately speak to the girls' parents - and very politely but firmly tell them that their children simply cannot go on your property at any time; get that unlocked refridgerator in the house; and look into purchasing a very hefty umbrella liability policy if you don't already have one

It is unfortunate that we live in such a litigious society, but we do.
This is a very interesting perspective.

The fridge is in the back yard. The backyard is all fenced in.

I didn't give permission to the lemonade stand in my front yard. I definitely didn't give strangers permission trespassing my backyard and to use the fridge.

If an accident happens, and strangers (little girls) injured themselves, am I still legally liable?


By the way, I don't know who uses my fridge. It could be the neighbor's kids. It could also be a potential robber who want to see if this is an empty house. Considering that whoever use the fridge make it so obvious (turn the dial way up so to freeze everything the first time, and to leave the door wide open the next time), it is probably equally likely that it could be potential robber or just careless kids.

I am going to put up security camera all over the house. But I hate it that it is happening to me.
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Old 07-12-2014, 11:15 AM
 
Location: Clear Lake, Houston TX
8,376 posts, read 30,705,196 times
Reputation: 4720
^^ That's why you have at least the standard $300k liability coverage on your homeowner insurance policy.

I'd be speaking to your neighbors about someone entering the backyard at the very least.
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Old 07-12-2014, 11:26 AM
 
1,743 posts, read 3,822,035 times
Reputation: 2430
Why complicate it. "Excuse me girls, you can't have a lemonade stand here, it needs to go."
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Old 07-12-2014, 11:29 AM
 
17,183 posts, read 22,921,959 times
Reputation: 17478
Quote:
Originally Posted by Old_Space_Cadet View Post
I didn't give permission to the lemonade stand in my front yard. I definitely didn't give strangers permission trespassing my backyard and to use the fridge.

If an accident happens, and strangers (little girls) injured themselves, am I still legally liable?

Yes, you will be liable. Even if they are trespassers and even if they are burglars, believe it or not.
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Old 07-12-2014, 11:30 AM
 
101 posts, read 371,028 times
Reputation: 163
Charge them lemonade tax
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Old 07-12-2014, 11:59 AM
 
860 posts, read 1,586,050 times
Reputation: 760
Ring some doorbells and introduce yourself and your wife to the neighbors on your block-- give them your contact information. If they're not home, leave a note. Tell them all that workers will be at your new home from time to time and it simply isn't a safe location for the lemonade stand. Put locks on all gates immediately -- no one should have access to your property without your knowledge or permission. Move the refrigerator inside before it becomes a death trap.

If you haven't been contacted by your HOA, get in touch with them yourself and find out the rules.

You have received some valid information about your liability as a property owner -- don't delay in acting on it!
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Old 07-12-2014, 12:00 PM
 
Location: Houston, TX
8,895 posts, read 20,002,567 times
Reputation: 6372
I'd put a lock on my gate -- I always keep my gate locked as a general practice. The lemonade stand, while it isn't a big deal - why aren't they setting up the stand in their own yard -- seems weird to me but I can see letting it go; however, leaving the stand behind is wrong. They need to pick up the mess out of your yard.
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Old 07-12-2014, 12:14 PM
 
Location: San Antonio, TX - Displaced Michigander
2,068 posts, read 5,967,961 times
Reputation: 839
I would move the stand into the garage. Someone is bound to come looking for it and you could let them know at that time that you would like them to set up the stand in front of their own home.
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Old 07-12-2014, 12:28 PM
 
2,945 posts, read 4,992,719 times
Reputation: 3390
I don't care where you live and how "family friendly" it is. Don't people know pedophiles are decently smart and have comupters and know what neighborhoods, etc have the most kids.

8-9 year old girls should not be at a stand houses from their own with no adult in site. Someone's mom is a SAHM and can sit feet away with a chair and book.

Why aren't they switching out in their own yards? You must have the corner house. They should have gotten your permission or didn't set up shop until they did.
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Old 07-12-2014, 12:33 PM
 
Location: Texas
44,259 posts, read 64,375,553 times
Reputation: 73937
Lock the gate to your back yard.
There are lots of reasons you don't want people in your yard. The fridge being the least of them.

And what kind of a world do we live in where people are afraid to ask people to get off their property because they are worried what people will think?
It's your property. No one should be on it. Cute little girls notwithstanding.
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