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Homeowner's Liabilty Question

Discussion in 'Random Discussion' started by hotskates, Sep 14, 2004.

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  1. hotskates

    hotskates Thread Starter

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    Could my neighbor sue me under my homeowners liability insurance if their 2 year old toddler strayed over (unknowing to the parents who are in the house watching t.v.) into my front yard and hurt himself? It got me wondering after what happened today when I looked out my front window and found the toddler stuffing our garden hose in his mouth after he turned it on and almost drowning himself. Luckily I saw him and stopped a possible tragedy. My husband grabbed the kid and took him home and told the mom what happened. She said oh, he is so hard to keep track of.........duh.......
    Or, are his parents liable for what danger he gets into while unattended. We have locks on both gates already to avoid kids getting into our pool in the back yard. Now, I wonder if we need to kid proof the hoses in the front yard?
    (I'll save the questions I have about the toddler getting into our mailbox another time) :mad:
     
  2. Mulderator

    Mulderator

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    Since I do homeowner's defense, I can tell you hotty, that you can be sued for anything that happens on your property, including children getting hurt. That does not mean you would be legally responsible, but you can certainly be sued.

    People always ask me, "Can I be sued for that" and I tell them you can be sued for anything--whether the other side could prevail is a different story.
     
  3. hotskates

    hotskates Thread Starter

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    Mulder, thats what I figured would be the answer. Thanks. You definitely have some experience in that field. :)
     
  4. combsdon

    combsdon

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    ...........yup he's right .......and oh ya.........he plays all of the fields........ :D
     
  5. Steppinstone

    Steppinstone

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    I am wondering if your property was clearly marked with no trespassing signs if you would be under the same liability.

    Can you talk to the parents, are they the approachable type? Can you tell them that you are worried about the tot getting into things that are dangerous in your yard.

    I know first hand that tots have a knack for being fearless. My own tot ( wee one) is a lot more fearless than my first 2 daughters. I have had to go to great lenths to tot proof the house and yard. She scales the deck rail like it is not even there, she keeps me running from morning til night but I would never hold the neighbors responsible if she went into thier yard and got hurt. Now if their dog was at large and something happened it would be totaly different.

    Hope this all works out for you!
     
  6. Gibble

    Gibble

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    I wouldn't hold other people responsible for my own lack of attention either...but you know, some people are completely incapable for accepting responsibility for their own mistakes and failings as humans, and they are the ones you have to worry about.
     
  7. deh

    deh

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    So this means the "Tresspassers will be shot, Survivors will be shot again" sign in the yard doesn't exempt me?????

    :confused: ;)
     
  8. hotskates

    hotskates Thread Starter

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    Your idea about the tresspassing sign wouldn't work Steppinstone because a person could say they "didn't see the sign", and a good lawyer could argue the meaning of "tresspassing" and also argue that a child might not comprehend the word, etc....... And, isn't it already true that if you go onto someone else's property you ARE tresspassing, sign or no sign?
    You know how everyone has that one "special" neighbor...........that you would love to move away from. These neighbors are somewhat approachable, however, they have been told, warned, yelled at, etc. by pretty much everyone in our cul-de-sac because their kids seem to have no boundries. Their 4 year old twins were on the roof (their own roof) playing the other day. What worries me most, is that they have a swimming pool in their back yard that is not fenced. In fact every home surrounding theirs has swimming pools and if the kids can get onto the roof, how long before they are climbing fences and getting into the neighbors pool? Ok, now thats all off my chest.......whew........I feel better. :rolleyes:

    Gibble: You said it perfectly!
     
  9. Gibble

    Gibble

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    As usual ;)
     
  10. brindle

    brindle

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    Their kids are playing on the roof, my gad. That's when it's about time to call CPS. Let me guess your neighbors are not real neat and have more visitors than anyone else in the neighborhood.
     
  11. MightyQueenC

    MightyQueenC

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    Hi hotskates

    I try to mind my own business when it comes to neighbour goings-on, but I would be very tempted to call Child Protective Services regarding the obvious child neglect you have described in your posts.
    What happens when the little ones are found under a car in front of your house or at the bottom of someone's pool?

    Just my 2 cents...

    Carolyn :)
     
  12. hotskates

    hotskates Thread Starter

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    How did you know :confused: :D

    Carolyn, I'm pretty sure someone already called CPS. You're right, the fact that those kids could be "anywhere" is so dangerous.
     
  13. MightyQueenC

    MightyQueenC

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    Call them again and rally your other neighbours to do the same, if you can.
    It's not a retaliation-thing....
    Children's lives may be at stake :(

    Carolyn :)
     
  14. angelize56

    angelize56 Always remembered in our hearts

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    HS: Can't you just remove the faucet handle in between the use of your hose....since your neighbors are so irresponsible as to let their 2 year old wander out of the house unnoticed. Maybe your neighbors should consider latches on their doors to keep their child in the house. Think of where the child could have ended up besides your yard...in traffic...kidnapped...endless horrible possibilities! This should be a wake-up call for them! I'd think in a court of law if you were sued the judge would say the neighbors were at least 50% or more responsible had the child been seriously injured or drowned by your hose. You might want to check with your insurance company to see if this would have been covered had it turned out badly. Ask as if a worse case scenario...don't say it actually happened! ;) Take care! angel
     
  15. brindle

    brindle

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    I have a little familiarity with cranksters and those are all classic signs of use and or manufacture of meth.
    I agree with mightyqueen rally all your neighbors and do what is best for the little children.
     
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