Liability involving use of portable basketball hoop at my curb

[Jjean]

Tennessee
Some neighbors want to put a portable basketball hoop at the curb of my property on a cul-de-sac. The property is vacant. Would I be liable if I allowed kids to play there and someone got hurt although the net is on the pavement and not my lot? What if the basketball rolls onto my lot and a kid chases it, falls down and gets hurt? Would this be an “attractive nuisance?” Thanks.

 

[adjusterjack]

Would I be liable if I allowed kids to play there and someone got hurt although the net is on the pavement and not my lot?

You might not be liable but you will certainly be sued if somebody is injured on or near your property.

Your homeowners liability insurance extends to vacant land. Look in your policy for "insured locations" in the liability section. Oh, wait, you said "the property is vacant." As in "house"? Then make sure you have liability insurance on the property. If you still have a homeowners policy on a house you no longer live in there is a vacancy exclusion for certain types of claims (vandalism, theft, etc). Make sure you get a vacancy permit added to the policy. It will allow an extended period of vacancy at an additional premium.

Would this be an “attractive nuisance?”

Wouldn't matter.

Once you get served with a lawsuit you turn it over to your insurance company for handling and you will be provided a defense attorney.

If you don't want the hassle of a lawsuit (though innocent) just say no.

 

[justalayman]

Unless it is on your property, you don’t have the authority to give nor deny permission to play where the hoop will be.

If a person is injured on your property, depending on the circumstances you could be held liable. Each case is determined on the specific facts

 

[Jjean]

You might not be liable but you will certainly be sued if somebody is injured on or near your property.

Your homeowners liability insurance extends to vacant land. Look in your policy for "insured locations" in the liability section. Oh, wait, you said "the property is vacant." As in "house"? Then make sure you have liability insurance on the property. If you still have a homeowners policy on a house you no longer live in there is a vacancy exclusion for certain types of claims (vandalism, theft, etc). Make sure you get a vacancy permit added to the policy. It will allow an extended period of vacancy at an additional premium.



Wouldn't matter.

Once you get served with a lawsuit you turn it over to your insurance company for handling and you will be provided a defense attorney.

If you don't want the hassle of a lawsuit (though innocent) just say no.

Thank you very much. The lot is adjacent to the lot where my house is in a subdivision, on a parallel cul-de-sac. It’s wooded with no structures on it. I’m understanding you’re saying the other side of the curb is none of my business? I feel like the Grinch for telling them “no,” but it would be expensive for me to deal with a lawsuit even if I’m not guilty. Any further advice? Thanks again.

 

[justalayman]

Thank you very much. The lot is adjacent to the lot where my house is in a subdivision, on a parallel cul-de-sac. It’s wooded with no structures on it. I’m understanding you’re saying the other side of the curb is none of my business? I feel like the Grinch for telling them “no,” but it would be expensive for me to deal with a lawsuit even if I’m not guilty. Any further advice? Thanks again.

This isn’t your property. You don’t need to feel like the grinch because you don’t have the authority to stop the use. It’s out of your hands.

Here is the law on liability should a person trespass onto your property. Make sure you read far enough to read about the special conditions applicable to a child

https://law.justia.com/codes/tennessee/2016/title-29/chapter-34/part-2/section-29-34-208/

 

[Jjean]

Wow, thanks so much for clearing up that I have no responsibility for the area past the curb of my lot. And thanks for the TCA cite! Very helpful.

 

[adjusterjack]

it would be expensive for me to deal with a lawsuit even if I’m not guilty.

Again, as long as you have the proper liability insurance it won't cost you a nickel. Since it's a vacant lot, your homeowners liability insurance extends to it. No worries.

 

[Jjean]

Again, as long as you have the proper liability insurance it won't cost you a nickel. Since it's a vacant lot, your homeowners liability insurance extends to it. No worries.

I'll double check my insurance and tell the kids to have a great time. Thanks once again! J