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by Anonymous on May 6th, 2008
You could be, but you are not automatically liable. Tort law is split into two categories: intentional torts and negligence. It is obvious why you should be liable for intentional harms and these harms do not relate to your question, so I will not address it here. So to determine if you are liable, the question becomes were you negligent?
You are only liable for harm to another if you were negligent and that negligence causes harm. If you had a swing set (or pool for that matter) and kids entered your property without your knowledge and got injured, you would be liable in many jurisdictions. The reason for this is what is known as an attractive nuisance." We know that kids will use swing sets and pools and that they are not smart enough to appreciate the dangers in these items. Therefore, the law says you are negligent if you do not take steps to protect against this harm. However, if you do protect against this danger (e.g. putting up a fence and keeping it locked), then you are not liable so long as those steps were reasonable.
If a kid is using the swing set properly under your supervision and gets hurt, you are not liable here. The reason for this is there was no negligence on your part.
The important thing to know is that YOU ARE NOT AUTOMATICALLY RESPONSIBLE FOR ALL INURES THAT OCCUR ON YOUR PROPERTY. You are only liable when you intentionally cause harm, or when you are negligent.
by DreAnna on May 6th, 2008
Yes :)
by Anonymous on May 6th, 2008
Yes, I would check with your home owners insurance also, because something like this could be covered. Most of the time ppl won't make you pay unless they are just being hateful. Friendly neighbors would understand that accidents happen no matter where they are. If you have some neighbors you would worry about I would either keep their kids out of your yard. It might be a good idea also to have a meeting with neighbors and come to an agreement and PUT IT IN WRITING with SIGNATURES just to be safe. It doesn't even have to be noterized if there are witnesses. If you did this than it would curve any conflict down the road! I would do it in a heart beat, luckily I am surrounded by family instead of just neighbors;)
by Anonymous on May 6th, 2008
yes
by DudeLer 2 on June 25th, 2009
yes, unsupervised children playing on your playground equipment. say the kid drowns in your wading pool. unsupervised swimming.
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You're reading Hypothetical ?, if i have a swing in my yard and the neighbors kids get hurt on it, say they push it and it swings back and they loose a tooth could i be legally resposible for the dentist bills?
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Comments
This is your best answer. One common area of negligence is "negligent supervision". Which occurs when you are present and observe children playing roughly or taking risks...and you do nothing. Kid gets hurt and you could be held liable because you were the responsible adult present, in control of the equipment and failed to prevent the injury by inaction. Yes, it's a tough world out there. Many parents wouldn't sue for accidents kids have that come from simply being kids. But some parents will sue because they see an opportunity to help pay for the college fund. Also, junior might be very seriously injured.
by judgebill on May 8th, 2008
Your wrote: "Kid gets hurt and you could be held liable because you were the responsible adult present, in control of the equipment and failed to prevent the injury by inaction." This would be strict liability, which does not exist in this case. The question states "they push it and it swings back." This is how a swing set works. Hence my statement, "If a kid is using the swing set properly under your supervision and gets hurt, you are not liable here."
by Anonymous on May 8th, 2008
I certainly agree that if a kid gets hurt because of NEGLIGENCE (i.e. negligent supervision), the supervising adult could be liable. Hence my initial statement, "You could be, but you are not automatically liable." However, the fats of the question do not indicate any negligence and my answer was completely accurate.
by Anonymous on May 8th, 2008
okay heres anothr example of somthing that happened yesterday, my younger son was looking for catterpillars in the yard, the swing was not in use and my elder son came along and swung the swing at him on purpose. lets say my kids had 2 friends in the yard and friend A nailed friend B with the swing out of the blue, would this be neglectfull supervision on my part? how could i have pedicted he would do that. and could i be taken to court for the injuries caused to child B just based on the fact that the kids were in my yard.
by tin23uk on May 13th, 2008
oh and another qestion i have. the people who live accross the road have 2 kids between 4 and 5 years old, they are both allowed to run the streets without any supervison. they could probably easily climb my chain fence, what if my gate was locked and they climbed the fence to enter my yard and then got hurt on the swing. would i be liable for any injury to them under the logic of having an attractive nuisance in my yard.
by tin23uk on May 13th, 2008
The answer to both questions most likely no. As far as negligent supervision, the question you have to ask is whether you would have prevented the harm had you been properly supervising. For example, if the kid got hurt becasue he swung too high on the swing, you could have prevented by intervening before he got too high. That would be be negligent supervision. As for attractive nuisance, the question is whether or not your precautions are reasonable. If the fence is a reqularly sized chain link fence, you are most likely reasonable.
by Anonymous on May 13th, 2008