View Full Version : Liability if my neighbor kid gets injured in my backyard?
maxmotor
Jun 23rd, 2009, 11:16 AM
Hi guys, I need some suggestion and help here for a new problem.
I live in a linked house in Markham Ontario. My house shares some route backyard with my neighbor so there is a door on the fence between our houses. Basically my neighbor could open the door and enter my backyard.
Months ago some new neighbor moved to my next door. Yesterday my neighbor came to my yard and asked me about something. His kids came along and started to play the slide and others toys right away. Then my neighbor went back and left his kids alone! The kids hanged in the yard and my house for a while. I had to ask them to go home later in a polite and firm way. First I am not comfortable that kids come to my backyard uninvited and ran upstairs and downstairs in my house. What is more, I am now concerned the safety. what if his kid just opens the door, plays in my yard and gets injured, would I be responsible? If so I will have to stop the kids and talk with the father.
Thanks for your suggestion or experience!
JAC
Jun 23rd, 2009, 11:17 AM
Lock the door.
Impossibles
Jun 23rd, 2009, 11:23 AM
Just have a chat with your neighbour, tell him you don't have a problem with his kids playing in his yard, but you just want to make sure that if one of his kids gets injured playing on your stuff, that you want to make sure he's not going to blame you. (ugh thats a lot of pronouns).
WontonTiger
Jun 23rd, 2009, 11:38 AM
Hi guys, I need some suggestion and help here for a new problem.
I live in a linked house in Markham Ontario. My house shares some route backyard with my neighbor so there is a door on the fence between our houses. Basically my neighbor could open the door and enter my backyard.
Months ago some new neighbor moved to my next door. Yesterday my neighbor came to my yard and asked me about something. His kids came along and started to play the slide and others toys right away. Then my neighbor went back and left his kids alone! The kids hanged in the yard and my house for a while. I had to ask them to go home later in a polite and firm way. First I am not comfortable that kids come to my backyard uninvited and ran upstairs and downstairs in my house. What is more, I am now concerned the safety. what if his kid just opens the door, plays in my yard and gets injured, would I be responsible? If so I will have to stop the kids and talk with the father.
Thanks for your suggestion or experience!
Unless you lock it, or make it difficult for them to enter, you could be liable.
I heard of someone in my neighbourhood who was charged when I was young. They had two side gates on their house. 1 smaller gate, that could easily be hopped, and a larger gate that was about 6 feet high. A small child made there way into the yard (using the opened large gate). The child ended up drowning in the pool, and the owner's of the home were charged with some kind of negligence. I remember it was a pretty big deal at the time, as it was a contentious issue.
If you don't safe guard the area, you could be sued if they hurt themselves. If you close the gate, and put up a sign, you will probably be covered legally.
Does anyone else remember that case?
Tijuana
Jun 23rd, 2009, 11:44 AM
Stupid law but you will be liable.
Hairball
Jun 23rd, 2009, 11:50 AM
Yes, you will be liable to a degree if something happens.
It's unfortunate how it is because by restricting access, you'll look like an ass, but it's the best way to prevent some crazy lawsuit against you.
RaTeD
Jun 23rd, 2009, 12:04 PM
Yes, it is called Occupiers; liability
user01
Jun 23rd, 2009, 12:07 PM
Put a sign and let them know, no trespassing or they will be whipped... ;)
DGTD
Jun 23rd, 2009, 12:09 PM
Get a big bull dog..... that will teach the kids a lesson
Hairball
Jun 23rd, 2009, 12:17 PM
Get a big bull dog..... that will teach the kids a lesson
I think the liability might be a little worse if the dog eats up the kids....