Trampoline injury

[manning12142]

What is the name of your state (only U.S. law)? IL

Our neighbors son and his children have been here for the past 3-4 weeks, visiting from out of the country. They have been in our yard a couple times playing on our trampoline with our children. They were invited to come over, and at those times, both us and the other parents were around supervising.

We were out of town last weekend. While we were gone, one of their kids fell off of our trampoline. She injured her leg. It's broken and she's looking at possible surgery sometime down the road. She's 3 years old.

Our backyard is completely fenced in, so for them to get to our trampoline, they would have to walk all the way around to the front of our property to gain access through the gate ( or, I guess if they were ambitious enough....climb the fence). They also did not have permission from us to use the trampoline while we were gone.

The only person that had permission to be on our property while we were gone was our dog sitter.

Are we liable for her injuries?

Thanks in advance.What is the name of your state (only U.S. law)?

[moburkes]

You don't appear to be liable, but that doesn't stop people from suing. If they do file a suit, turn the claim over to your homeowner's insurance company. FYI, except a cancellation notice shortly thereafter if you didn't tell them about the trampoline and/or if they don't insure homes with trampolines.

[manning12142]

Thanks for your quick reply. We've had the trampoline now for 4 years w/o any problems and our Insurance carrier knows that we have a trampoline. We contacted them about it right after we purchased it.

[tranquility]

It would depend on how high the fence is and how the gate is secured. Trampolines can be dangerous and can attract children. Children are stupid so you must take steps to keep the children out so they won't hurt themselves. A fenced in yard seems good, but, if the fence is too low or if the gate can be opened by a child, you may have a problem.

[manning12142]

Off the top of my head, I would say the fence is 4'. We also have an above ground pool in our backyard, so I know the fence is "up to par", because we had to get permits and pass an inspection to make sure we were in compliance with city ordinances.

The latch to the gate is another story, I guess. Yes, children can open it. We have children and they have no problem opening it. The gate is secured by a latch, that when standing on the outside, you either have to squeeze your hands through the posts or reach over the top to unlatch it. It's a little harder to open than what I've made it sound, but it can be done.

I'm not sure if the child opened the gate or not. I never thought to ask, because the parent was with them in our backyard when she fell off. As far as I figured, the parent opened our gate.

Thanks

[ecmst12]

An adult (parent) breaking into your yard when you are not home is an entirely different matter then a child doing it. The 'attractive nuisance' doctorine only applies to children, adults are held to a higher standard of what they should know better then to do.

[tranquility]

While I believe IL does not have the attractive nusiance doctrine and their courts have found trampolines are an "open and obvious" danger, we can still rely on simple negligence principles. If a parent opened the gate, all bets are off. To me, a 4' fence and a gate which can be opened by a kid is a little problematical. However, the kid is a tresspasser and some steps were taken so I'm not sure as to the liability.

[ecmst12]

Since one would have to reach up and over the top of the gate to open it, or at least be able to reach through the slats at the level of the latch, I am kind of doubting that a 3 year old could have opened it herself. Maybe a 10 year old, but not a 3 year old.

[tranquility]

Or, it was not a self-closing gate and some permitted user (Or, the OP.) left it open. (Da-da-DA!!) I don't even know what the holding would be if a 10 year old opened it for a 3 year old. My head gets stuck in a repeating loop with that fact.

Let's just say that the higher the damages, the greater the chance the OP will find their name near the top of pretty paper with numbers all down the side.

[las365]

If the parent took the kids into your yard to play on the trampoline (especially since you were not even athome and had not given permission), I do not think you have much, if any, liability. As noted, that won't necessarily stop anyone from making a claim.

[manning12142]

Just wanted to say thanks to all that responded. You've given me some things to think about.

I spoke with the father of the 3 yoa last night. I didn't ask what his intentions were concerning his daughters injuries and medical bills, but he did state that he should have been watching his daughter better when he brought her over to our yard.

I asked him if our gate had been closed when he came in the yard. He apologized for coming onto our property, saying that he just assumed it would be ok since his daughter had played on it the week before with our children and said that, yes, the gate was closed because he had to open it to get in.

Thanks again. I guess now, We just wait and see.