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It only makes sense to protect yourself from liability if people around you are acting stupid. It's one thing not to address the mother about her kids and the hill, it's another thing to ignore the risk to yourself. I see nothing wrong with talking to the neighbor but more importantly is protecting yourself (because you can't make the neighbor do anything). It's no different than if you had a pool or a dog in your yard...you have a rock wall at the bottom of the hill...if someone drowns in your pool or gets bitten by your dog or cracks their skull on the rocks...it's you who are liable. Protect yourself and let the other mother take care of her own kids, it doesn't mean you can't be neighborly.
THE KIDS ARE PLAYING IN THEIR OWN BACK YARD. What are you suggesting she protect herself from??
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Originally Posted by Laura707
I'd be interested in hearing what your insurance had to say about it but I would get that fence up asap!
I have a neighbor that puts her kids out to play and the 7 or 8 year old is suppose to watch the 2 to 3 year old.. THAT really burns me up! Having a child take care of a child!
It burns you up that kids go out and play??? I do not understand this mentality at all.
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Originally Posted by pamelaBeurman
I agree fully. It may sound harsh to call CPS but the well being of the children trumps the parents feelings anyday.
"Hello?" "CPS?" "Kids are out playing."
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Originally Posted by NJGOAT
Like I said the OP should have already protected her liability issues from the start. These kids should have nothing to do with it. If they were playing directly on her property, then yes, it needs to be handled, but they are playing on theirs. Anyone can get hurt on your property at anytime and sue you, you need to cover yourself.
Also, as Dorthy said, what in the h-e double hockey sticks are you going to call CPS for?
Hello CPS...there are three children playing in their backyard....well, no they seem fine and quite happy...but, there's a steep hill and I can't see anyone watching them...*click*...hello?, hello?
People need to get a grip, these kids are just playing in their own backyard. This isn't abuse or neglect, this is kid's being kid's.
I wish I could rep you, but have to spread the love.
Like I said the OP should have already protected her liability issues from the start. These kids should have nothing to do with it. If they were playing directly on her property, then yes, it needs to be handled, but they are playing on theirs. Anyone can get hurt on your property at anytime and sue you, you need to cover yourself.
Also, as Dorthy said, what in the h-e double hockey sticks are you going to call CPS for?
Hello CPS...there are three children playing in their backyard....well, no they seem fine and quite happy...but, there's a steep hill and I can't see anyone watching them...*click*...hello?, hello?
People need to get a grip, these kids are just playing in their own backyard. This isn't abuse or neglect, this is kid's being kid's.
I misread the OP. I thought the kids were playing in the OP's yard since there was no fence and it was her yard that had the drop hence the need to cover her behind.
I agree with letting the kids play and not being a busybody about the neighbors, but one of the kids is 3 and the OP did say that she saw them playing dangerously close to the drop and had to tell them to be careful. If she saw the three year old almost fall, I don't think it's offensive to let the parent know. Then it's up to them to deal with it.
who owns the hill? you? then get the fence up asap .. if its them back up and shut up .. get your fence up of course and be sure you get it so they cant damage it .. plant some fast growing bushes .. bamboo would be good .. its springy and fast growing .. and then keep your nose in your own yard .. when kids play sometimes its better to use the nature vs nurture plan .. kids have to learn that sometimes doing dumb stuff makes owies ..
I grew up on an old farm with lots of outbuildings. There were five of us; three close together, five years, then two close together. We lived outside from dawn to after dark during the summer. When the two younger ones were about 2 and 3 years old, my mother would open the door, holler out for us older ones to keep an eye on them and let the little kids out. We sometimes did, but when they wanted in, they went to the back door and banged on it until Mother opened it for them.
Funny thing, neither of them were injured, and if they got a scrape or bump, they cried at the door until they were fixed up and sent back out.
We climbed trees, jumped out of the top floor of the barn, climbed the silo, spent hours and hours in the woods by ourselves, ... . We grew up healthy and strong, well taken care of by our mother, but free to grow up playing by ourselves.
When our cousins came over, there were 12 of us outside; little ones and bigger ones (They were the same ages as we were.). No adults, no orders, no problems. When we fought, we learned to settle the issues on our own. We were allowed to be mad at each other until we solved things on our own. We all grew up, every one of us, and millions of kids across the country grew up the same way.
This is one of the silliest thread I've ever read. I can't believe someone is concerned about neighbor children playing in their own yard.
I see our neighbor's four young boys doing the wildest things in their yard. I can see them out my kitchen window when I'm doing dishes. Sometimes I catch my breath when one climbs on top of a railing that has a 10 foot drop below. That's as far as my concern goes. I remind myself that boys will be boys and that I climbed trees and all sorts of things when I was little.
btw, that 10 foot drop that causes me to catch my breath is into a neighbor's yard below too. But the children are in their own yard. It's the parents of the children who should build a better barrier than a railing. There is absolutely no liability for the people who have the yard below theirs.
OP, just becuase you don't see a parent literally standing there does not mean that the parent isn't providing some level of supervision via looking out house windows.
THE KIDS ARE PLAYING IN THEIR OWN BACK YARD. What are you suggesting she protect herself from??
The rock wall is on OP's property. That would make her liable if they roll or fall down the hill and crack their little heads on it. It was unclear to me if the hill part was on OP's property or part of the other yard but that doesn't matter if they crack their heads on her rock wall.
And most people don't have umbrella insurance policies, I was trying to make OP aware of that as an additional protection to what her homeowners insurance provides.
I also don't think there is any reason to call CPS....kids can get hurt even when supervised.
The rock wall is on OP's property. That would make her liable if they roll or fall down the hill and crack their little heads on it. It was unclear to me if the hill part was on OP's property or part of the other yard but that doesn't matter if they crack their heads on her rock wall.
If I fall off one property onto another property, the liability rests on the property that failed to protect me from falling, not the property where I landed.
One time I had a neighbor who lived behind us show up at my door. He wanted to let me know that two houses over from him there were dangerous dogs being fostered by a family that have gotten out of their yard before. He wasn't worried about his family as he was a retired cop who had guns and wouldn't hesitate to shoot the dogs if they showed up in his yard. However, he was concerned about my kids being alone in our yard, unsupervised, if the dogs got out.
However, this 'concerned' man spoke with such obvious disdain that my children were out there without me. He definitely wanted me to know he was a man with police connections and guns in his house. Bottom line was he was trying to intimidate me and make me feel as if I was a horrible mom.
Then........I said to him....is that why you looked so angry while you paced in your yard on your cell phone earlier? His mouth dropped open.
He says, you saw me?
Yes.
He says, but I never saw you.
Sir, my children are never outside fully unsupervised. I may not be visible to you, but that doesn't mean I am not somewhere, closely watching.
It just so happens that my corner desk sat right in front of a large bay window that overlooked the patio and the back yard. On that back wall was the bay window, then a fireplace then sliding glass doors to the yard, so I was just a few steps from being in the back yard. Now, one can't see well INTO the house from outside, so of course he likely couldn't see me.
I had been out with the kids earlier, then left them to play on their own for a bit. I went in and was paying bills online and doing other paperwork at my desk when I saw him come out of his back door. He walked all over his yard and when he got on his phone and began looking more at my children, I got my camera, went to a different window and snapped a few pictures of him, then nonchalantly brought my kids in for a snack.
The man had a valid concern had it been based on actuality of the circumstance, but he made an assumption that was incorrect.
So, moral to the story, don't assume that just because you cannot see an adult does not mean they are not being supervised....
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