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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.
Unless the home owner posts "No Trespassing" signs to communicate to anyone that they are not allowed on the property without permission from the owner, then the home owner could be held liable for anything that happens on the property.
It's the same as posting "Beware of Dog" signs to warn others that a dog is on the property. If a person still enters the property and the dog attacks them, then they can't say they weren't warned about the dog's presence.
In tort law, a swingset could be possibily considered an "attractive nuisance", which could make you liable to trespassers. A sign would help, but keep in mind that a sign is only good if it is an actual deterrant (i.e. small kid can't read it ?). The best thing to do would be to act to limit your exposure to liabilty, talk to neighbor/nanny, keep your swingset in good repair, put up a fence, etc...... depending on what level of exposure you are comfortable with.
Unless the home owner posts "No Trespassing" signs to communicate to anyone that they are not allowed on the property without permission from the owner, then the home owner could be held liable for anything that happens on the property.
It's the same as posting "Beware of Dog" signs to warn others that a dog is on the property. If a person still enters the property and the dog attacks them, then they can't say they weren't warned about the dog's presence.
Even WITH those signs, you can STILL be held liable!
Unless the home owner posts "No Trespassing" signs to communicate to anyone that they are not allowed on the property without permission from the owner, then the home owner could be held liable for anything that happens on the property.
It's the same as posting "Beware of Dog" signs to warn others that a dog is on the property. If a person still enters the property and the dog attacks them, then they can't say they weren't warned about the dog's presence.
A no trespassing sign would do nothing, neither would a beware of dog sign, and neither would having a waiver signed.
If someone gets hurt on your property, you are responsible. Period. No exceptions.
If someone gets hurt on your property, you are responsible. Period. No exceptions.
Not exactly. If someone gets hurt on your property, they can and possibly will try to show that you are responsible. Anyone can make a claim against you, but that does not necessarily mean that you are legally responsible or legally liable.
If I fall in your yard because I didn't pick up my feet up high enough, you are not responsible. If I fall up your stairs because I wasn't watching where I was going, you are not responsible. If I cut myself on a knife in your kitchen while helping you make a salad, you are not responsible.
Most homeonwers' ins. policies offer "medical payments" coverage so that reimbursement for medical expenses can be offered in the case of an injury on your property for which you are not responsible...a "good will" type of coverage. But, that is for medical expenses only...not pain & suffering and all that.
In the case of children and swingsets, trampolines, other "inviting" items, as VaNC said, these may be considered an "attractive nuisance" and could expose you to liability (although certainly, defenses, could be made). Hazardous conditions on your property could expose you to liability (hidden holes in the yard, dogs, etc.).
What ragdolls is trying to say, it is an issue of their proving that you were in some way negligent. If the injury is their fault (trip over your own feet, cut yourself with a knife, etc.) then their negigence caused the injury. If it is your negligence (as ragdoll said, hole in yard, faulty swingset, etc.) you can be liable. That is, why I say, take the actions you feel you need to in order to feel comfortable. The swingset would attract a kid to your yard. What is the likelihood that would happen, what is the likelihood they would get hurt from your negligence (swingset old and beat up), do you feel you should take action to keep them off the property? Some things are considered by the law to be inherently dangerous, such that you are always at risk if someone gets hurt on them. Blasting caps are the classic law school example, I am guessing, based on headlines, that pools may be there...which is why everyone fences them...but dont know if swingsets are there yet.
Kind of but not really. You can trip over your shoelace on the sidewalk, and say you tripped over a rock on the sidewalk and there you go...homeowner liability. You do not have to prove actual negligence. You only have to prove (and I use that word VERY loosely) that the owner had something to do with it. It's pretty darned easy to prove the owner had something to do with anything at all. If they didn't, it's easy to make something up to have it seem like they did. And in many cases, you don't actually have to have anything to do with it (like, if someone slips on ice on your property, you are responsible as you didn't clear the ice. If someone falls off a trampoline on your property, you are responsible (whether or not there is a note, whether or not it was in good condition, etc.). If someone drowns in your pool whether or not you knew they were using it, you are fully responsible. If someone falls off a swingset, yup, you're responsible. So you need to either have it behind a fence or understand that liability.
Totally stinks how people sue for so many things which are often not the owner's (or shopkeeper's or whatever) fault, but they do. And they win.
Going way back here, my late mother-in-law slipped in our house and fell. She wasn't hurt too badly thank God, but she herself blamed her shoes on the tile floor. My now ex-husband (an attorney) suggested she file a claim on our homeowner's policy for the medical part. She didn't want to be he even filed the claim. I don't recall if they offered a small settlement or not. I was personally a little ticked at him for doing it. And yes our rates went up when the time came to renew the policy. They paid and never asked about who was at fault-her or us and our floor. And it was one of the big name companies. They pay to avoid the big payouts.
I would personally put up a fence to make sure no child that I did not want on my equipment could get to it. It's better to be safe than sorry.
Don't you resent even having to consider this problem? It always amazed me that hunters could go on to ones property during hunting season-as long as they were a certain distance from folks and if property wasnt posted against hunting. Makes no sense; trespassing is illegal except when you show up with a gun you plan to use...
I would honestly skip talking to the nanny and go straight to the parents with this issue. When the nanny calls the parents because one of the children was injured on your property it could turn into a he said she said. Yes even if you are not home or aware of the use of your property liability is a huge issue. I would advise to go straight to the source and nip this activity in the bud.
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