Trampoline in my backyard- my responsibility?

amother

Violet

Sun, May 21 2017, 10:09 pm

My back gate is locked, and kids always force it open, or climb over.
Last year I had a kiddie pool that some kids slashed and cut square pieces out of it (so I know it wasn't an animal).
I always have my kids ask before using swings, bikes, etc but none of my other neighbors do.
I don't understand such behavior either.

amother

Pumpkin

Sun, May 21 2017, 10:14 pm

amother wrote:

Time to move?

amother

Ruby

Mon, May 22 2017, 9:28 am

mizle10 wrote:

I recently got a trampoline for my kids in my backyard. The neighbors are all coming in to use it which I don't mind at all, but I'm not gonna be on top of them. I'm not telling making sure there aren't too many kids on at a time or breaking up fights about whos turn it is. Is it my responsibility because it's mine? Would you be upset if your child got hurt in someone elses backyard because the mother wasn't supervising?

As others have said, it is wholly your responsibility if the trampoline is in your yard. It doesn't matter if you've told others to supervise. Moreover, if a child (chas v'shalom) is seriously injured, its not going to be her parent's decision to sue you; it will be the decision of their insurance company.

Your homeowners policy most likely does NOT cover trampolines, or injuries from trampolines, unless you have disclosed that you own one. Rates increase with a trampoline. If you haven't spoken to your insurance agent, do so immediately.

BTW, the correct number of children on trampoline at a time is ONE. Not "not too many."

amother

Yellow

Mon, May 22 2017, 9:32 am

OP, you need to get off Imamother and call your homeowner's insurance company. First of all, you very likely need to add a rider to your policy. This is pretty standard with trampolines and backyard pools etc. You should also ask them all the questions you're asking here. A number of posters have pointed out what they'd likely say, but call and hear it from the horse's mouth. But in short, yes, your trampoline is your responsibility. It doesn't matter how rude or stupid your neighbors are, it is YOUR insurance that will be on the hook- or you, should your insurance find a way to wheedle out of having to pay (which insurance companies are really, really good at doing).

amother

Goldenrod

Mon, May 22 2017, 9:41 am

OP, it's your responsibility.
I'll go one further. In my neighborhood there's a watsap group where people ask for rides for their kids to the community pool. I will not take anyone under the age of 16. Bcz. if G-d forbid something happened, that parent will always remember that I brought the kid there knowing the parent wasn't watching them and why didn't I keep an eye on them.

LittleDucky

Mon, May 22 2017, 10:06 am

amother wrote:

I so don't get it.

And why did my previous post get hugs?

Amarante

Mon, May 22 2017, 10:25 am

The doctrine of law is called an "attractive nuisance" - I.e. something that a child will find irresistible to explore like a pool, trampoline - or in older days ponds, quarries and the like.

And the homeowner will be liable.

It's really not the broken arm that is so much the issue as the much more serious injury that could occur that isn't so easily healable. Parents may or may not come after the homeowner for the cost of fixing a broken arm or leg but what about for the costs of a lifetime of treating paralysis caused by a broken neck.

And the reality is that unsupervised play by children is much more likely to result in serious injury than when a parent or other ADULT is supervising play so that children are only allowed to use something safely. If you have any doubt, what constitutes safe use, consult a handbook pronto because I would imagine "too many" children is a pretty fine line in terms of safety.

Many parents would not have a trampoline because of safety for their own children if used unsupervised let alone liability if used by neighborhood children.

At the very least consult your insurance agent and find out what kind of fencing/safety precautions you need to take so that you can minimize your liability.

FWIW, you cannot just post a sign forbidding use of an "attractive nuisance". That's the whole point of this doctrine of the law. That children's brains are not sufficiently rational so that they are unable to rationally make decisions regarding safety when faced with the temptation of something fun like a swim or a trampoline.

amother

Pewter

Mon, May 22 2017, 1:02 pm

When I got my current homeowners policy I was told im not allowed to get a trampoline. I have some neighbors that have one, they are all gated in their backyard.

One neighbor went away for a few weeks. When she came back a frum person (off the block) tole her she used her trampoline and her kids broke an arm. She wants the insurance to pay the bills. My neighbor told her give me your info and Ill call the police since you just admitted to breaking into my property. LOL

amother

Oak

Mon, May 22 2017, 1:11 pm

amother wrote:

Ever read about the case of the burgler who sued the people he burglarized for his injury when escaping through their window?

Amarante

Mon, May 22 2017, 1:32 pm

MagentaYenta wrote:

This is a topic that always gets my head to shaking. My cousin turned off her pool alarm since it was to irritating to reset it every time neighbors kids hopped the fence. Rolling Eyes

If I had a pool, I would invest in one of those mechanical pool covers that completely prevent its use by anyone unless the cover is furled (or is it unfurled LOL

They make it completely safe for children in your own family as well if C/H a child were to get out the backdoor because a child can walk on them and they can't get under them. You can never be too careful because you can never underestimate how skillful a child can be - a moment's distraction and they are out the door potentially.

They also save money because less debris gets in the pool and depending on climate, helps with heating bills.

MagentaYenta

Mon, May 22 2017, 1:36 pm

Amarante wrote:

If I had a pool, I would invest in one of those mechanical pool covers that completely protect its use by anyone.

They make it completely safe for children in your own family as well if C/H a child were to get out the backdoor because a child can walk on them and they can't get under them.

They also save money because less debris gets in the pool and depending on climate, helps with heating bills.

When I lived in CA and had a pool thats what we had. Ours also had an alarm. I think that the pool with the extra fencing and cover with alarm (gate alarm too) only added $15 a month on our ins. at the time.

amother

Ruby

Mon, May 22 2017, 1:42 pm

Ruchel wrote:

People will sue because their kids came into your yard? wow.

Insurance.

You have a trampoline in your yard. Kids use it. Chas v'shalom, a kid gets hurt. She needs surgery. Mom and Dad ask their insurance company to pay the bill; its $80,000. The insurance company wants to be paid back by the homeowner on whose equipment the child was hurt. In the US, trampoline injuries led to more than $1 billion in emergency room visits over a 10-year period; insurers don't want to pay that. ETA -- its called subrogation. The insurance pays you, and has the right to sue the party they claim caused the issue. Its not under your control.

But we're talking broken bones for the most part. Sometimes, the injury is catastrophic. While rare, it does happen that kids are paralyzed (or killed) due to trampoline injuries. And I have no question that any parent facing a lifetime of medical and other expenses is going to sue for some relief.

Amarante

Mon, May 22 2017, 1:43 pm

MagentaYenta wrote:

You can't be too careful with the life of a child - IMO. If you can't afford the cost of safety for a pool, you shouldn't get a pool.

The number of drownings in Florida in pools of children in pools is so sad Crying

because the measures taken buy MagentaYenta would really have made it almost impossible for even the most determined child to get in the water without an adult supervising.

And even sadly sometimes adult supervision isn't enough. There was a sad case in California a few years ago. A birthday party where a child drowned DESPITE there being a lifeguard hired to watch the child. With so many children in the pool, there was just too many children all at once for one adult to safely supervise.