Would I be liable?

[jw10975]

What is the name of your state? Ohio

I have a question. My neighbor has, what she describes as, a severely autistic daughter. They have a hard time with her running off from time to time and most of the time she simply runs into my yard and plays on my childrens swing set - something that I don't see as a big deal. A couple of times, tho, she has let herself into my house uninvited.

I have spoken with the mother about this and she thinks that I should just firmly tell her daughter "No" when this occurs and walk her home. She really isn't much help and her daughter seems to run off more when it's just her, than when her husband is home. The majority of the time, she sends her sons to get her while she stays on her porch talking on the phone.

I am installing a fence to keep my own children in (the swing set will be inside of the fence) and am considering purchasing an above ground pool in the next year or two - which will also be within the fence. My concern lies in what liability that I have should their daughter manage to run off and hurt herself on our property at any time. I am particularly concerned about her letting herself into our home. One time she did this with out our knowledge; she came in the back door and proceeded playing in our daughters room while we were out in the front yard. We didn't know she was there until they noticed her missing and started looking for her. I am really concerned about what could occur should she hurt herself.

Any thoughts? I figure the fence should help, but out side of documenting our conversations, I am really at a loss as to what else to do to help protect myself......

[shortbus]

Call child protective services. It sounds severe, but here's the thing. The basic problem is they're failing to take adequate care of their daughter. It is not acceptable for them to expect YOU to tell her "no" and whatnot when she trespasses. She will get injured eventually, if not on your property then somewhere else.

You can't really address the problem without looking like you're criticizing their parenting, which is a no-win for you.

You will be doing the child a favor.

As for the pool, I would ask your insurance company. Kids + pools = high premiums.