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Old 08-08-2009, 10:58 AM
Status: "Welcome to N.C. Set clock back 50 years." (set 24 days ago)
 
Location: Chapel Hill, N.C.
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Default liability issue with swing set

Lately we have seen our neighbors kid's using our swing set while our own children are inside. The neighbord have a nanny and she is present but not the parents. The kids are welcome to play in our yard when our own kids are there too but now we are wondering about liability issues if their kids are hurt with or without our permission to be playing in our yard. Many thanks
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Old 08-08-2009, 11:31 AM
 
Location: east of my daughter-north of my son
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I would say you have a liability issue here if they get hurt on your property.

Perhaps talk to the parents as they might not know that the nanny is letting them play there. Express your concerns about supervision and safety.

Unfortunately we are a "sue happy" society so I would personally try and protect my own interests here.

I will never forget the story about the robber who was fleeing a house with stolen goods and tripped over a tree stump and broke his leg. He was caught of course but went on to sue the property owner because of his leg. A judge actually let it go to court and the felon won. It was appealed and later overturned but at a cost to the homeowners. This is a true story and happened in Florida. The moral being you can never tell what people will do and apprently what stupid juries will do.
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Old 08-08-2009, 11:35 AM
 
Location: Cary NC
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You do have a liability exposure, even if they do not have your permission.
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Old 08-08-2009, 12:28 PM
 
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I've heard of parents with trampolines, etc in their yard that require parents to fill out a liability waiver before the kids can play on it. Maybe you can tell the parents you are fine with the kids playing but that you are not able to supervise and they need to sign a waiver.
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Old 08-08-2009, 01:15 PM
 
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Have you spoken to the nanny? I would take that course before speaking to the parents. If she continues to bring them over, I would mention to the parents that you had asked the nanny to stop using your swingset when your children are in the house, as it disrupts what you are doing in the house with your children.

It is definitely a liability issue. In NJ we had a neighbor that had an amazing swing set (think like a playground). The neighbors started letting their kids play on it when no one was home (they weren't even aware that it was going on) and their insurance company had to pay out when a kid fell from the fort thing and got hurt. After that they put up an 8 foot privacy fence.

Oh, and from what I've heard, having them sign a waiver doesn't really release you from any liability. Plus, it goes through your home-owners insurance, and they'll usually pay out regardless of what you say just because it's cheaper than going to court.
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Old 08-08-2009, 01:23 PM
 
Location: Cary, NC
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That's just bizzare that anyone would think that it is OK to go into someone's yard and use their swing set without permission! I would defintely be having a word with the nanny AND the parents because they should know their nanny is doing that. I'd mortified if I had a babysitter who did that and I didn't even know about it.
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Old 08-08-2009, 01:34 PM
 
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Do you have a fence, if not build one! If you do, try a locking gate. I think its very inappropriate for parents or nannies to allow their children to play in someone else's backyard without being invited and especially if the owner's children are NOT playing too!
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Old 08-08-2009, 04:15 PM
 
Location: Cary
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Quote:
Originally Posted by ragdolls4me View Post
You do have a liability exposure, even if they do not have your permission.
Why is that? If someone trespasses on my yard and hurts himself on a legally and properly assembled piece of equipment (whether it's a swingset or a lawn chair), why would I be liable? Not saying I don't believe it, I'm just trying to understand the legal justification.
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Old 08-08-2009, 04:22 PM
 
8,353 posts, read 15,060,779 times
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Quote:
Originally Posted by BurntHombre View Post
Why is that? If someone trespasses on my yard and hurts himself on a legally and properly assembled piece of equipment (whether it's a swingset or a lawn chair), why would I be liable? Not saying I don't believe it, I'm just trying to understand the legal justification.
Anyone can sue. Insurers pay out to save cost of defending and then cancel you.

I'd ask the nanny once to refrain from entering your property without being invited. If she doesn't listen, call the local police to have her formally trespassed off your property. This will make her immediately arrestable should she return.

Some people learn only the hard way.
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Old 08-08-2009, 06:23 PM
 
Location: Fuquay Varina
1,668 posts, read 2,725,626 times
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Quote:
Originally Posted by CalicoskiesNC View Post
Do you have a fence, if not build one! If you do, try a locking gate. I think its very inappropriate for parents or nannies to allow their children to play in someone else's backyard without being invited and especially if the owner's children are NOT playing too!

I don't think my first move would be to build a fence lol

My neighbors kids kept coming to our yard before, we just simply spoke to the parents and asked them not to come over with the kids to play in our yard if we were not there. That was all it took. (our thoughts were that if we were there then at least we can testify as to what happened or stop a kid from hurting himself if we saw what was going on)
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