Liability on own property

[FLMommy]

What is the name of your state? FL

If someone gets on my private property without permission/authorization and gets hurt in any way, am I liable?

Reason asking: We have neighbours that don't have any regard for our personal property and cross our front yard all the time, (especially their friends that come over for weekly parties, but that would be another post...) and let their friends do the same. Yesterday one of their visitors allowed her little boy (not even 2 yrs old) to run around our car on our driveway, banging on it and poking his fingers between the wheels, and any crevice he could find. I will say something, because I don't want him to get hurt or our car to get damaged, but like yesterday, I might not notice in time (he didn't get hurt, but I didn't notice him on our property until later).

 

[IndianaOwner]

I guess the question is how many time do they come onto your property? The reason I ask is neighbors with open yards typically do enter neighboring properties on occassion --- dog gets loose, kid runs from parent, etc. That is part of living in a neighborhood. So, I do not know if you are being reasonable or maybe the neighbor should invite you to their parties instead?

But the answer, is yes, you can be held liable for injuries to people on your property without your permission. Have you thought of a fence or landscaping to cut down on this? Review your homeowners policy to make sure you have coverage --- which is needed even for a delivery person entering your property.

 

[FLMommy]

I guess the question is how many time do they come onto your property? The reason I ask is neighbors with open yards typically do enter neighboring properties on occassion --- dog gets loose, kid runs from parent, etc. That is part of living in a neighborhood. So, I do not know if you are being reasonable or maybe the neighbor should invite you to their parties instead?

But the answer, is yes, you can be held liable for injuries to people on your property without your permission. Have you thought of a fence or landscaping to cut down on this? Review your homeowners policy to make sure you have coverage --- which is needed even for a delivery person entering your property.

Thanks for replying IO.

- How often? The child doesn't live there and yesterday it was the first time I saw him. We live on a cul-de-sac st. and whenever our neighbours have a party, people park at the end of the st. and are too lazy to walk 3 more ft on the st., instead cross through our yard into the neighbours'. The way these homes/lots are build is that their property runs directly against one wall of our house (of course there is a small easement so we can do work on that side of our house if nec). Our neighbours are renting that house. Don't mind people on occasion, like you said, it's a neighbourhood and things happen. It's just that if paired with noise, music, underaged drinking and sex, swearing, drunkenness, trash in our yard, etc. (hence I don't go to their parties, invited or not) as well as the frequency of it, it becomes a huge nuisance. IMO, it is irresponsible as a parent to let your child bang on someone else's car on their property, without saying anything of it, and rather just laughing at it - what a great way to raise a child.

Anyways, enough of a vent, I will check into the homeowners policy as you suggested. I had thought about that -delivery people, utility workers, etc. but thought that was covered because we'd be in "business" with them and have technically given them permission? I'm probably wrong on that one. Thought about a fence, want one, just haven't gotten around to it yet due to other circumstances. Thanks again for your reply.

 

[IndianaOwner]

You sound like a reasonable person. I've been in a similar situation. The steps would be to contact the homeowners association if they have "teeth" to enforce matters, including homes that are non-owner occupied and are creating a nuisance. Sounds like you have a "zero lot line" lot so must be in a higher density development (4-8 homes per acre).

The next step would be to call the police and explain there is pervasive underage drinking and possible drugs if you have a good faith basis. Lay low with confronting the neighbors and simply call the police asking that your name not be revealed, they will understand.

Before everything you go down the more aggressive road, maybe see about talking to the neighbors or the property owner first and explain the problem of the late night parties. The owner may not be aware of what their renters are doing and the renters may not be responsible enough to understand the nuisance they are creating. I''ve found renters sometimes are "clueless" as to their neighborly responsibilities. But then again, they could just be inconsiderate dolts who are into drugs...who knows.

 

[FLMommy]

You sound like a reasonable person. I've been in a similar situation. The steps would be to contact the homeowners association if they have "teeth" to enforce matters, including homes that are non-owner occupied and are creating a nuisance. Sounds like you have a "zero lot line" lot so must be in a higher density development (4-8 homes per acre).

The next step would be to call the police and explain there is pervasive underage drinking and possible drugs if you have a good faith basis. Lay low with confronting the neighbors and simply call the police asking that your name not be revealed, they will understand.

Before everything you go down the more aggressive road, maybe see about talking to the neighbors or the property owner first and explain the problem of the late night parties. The owner may not be aware of what their renters are doing and the renters may not be responsible enough to understand the nuisance they are creating. I''ve found renters sometimes are "clueless" as to their neighborly responsibilities. But then again, they could just be inconsiderate dolts who are into drugs...who knows.

Thanks for your advice.
- Wish we had a homeowners assoc. but unfortunately we don't.
- Zero lot line, never heard of it, but your description sounds right, so I guess that's what it is. Houses are built very closely together. It's a great neighborhood and very populair - beautiful, quiet, lots of families, great place to raise kids. Of course we end up next to - seriously - the only people I know of in the entire street (small) that have weekly parties and talk outside (right next to our bedroom - think 0 lot line) until 4.30am.
- Called the police several times, but they obviously have people on "lookout" because as I see the officer's car turn into the st, I hear someone outside saying "everyone get in the house" (and yes, we can hear pretty much all their convo's without trying to eavesdrop) and the music is turned down. Don't know what the police has done, we usually call at 2am and opt out of talking to an officer at that time. (We have a baby also) Cops leave, it will be quiet for 15 mins, then it starts all over again. Makes us look like we're overreacting.
- Tried talking to the neigbors (2 single guys), only one is 'social' enough to talk. Nice guy, just completely oblivious and inconsiderate. Now warns us on occasion if they have a party... not that that changes anything, just more anxiety for us looking forward to being up until 4.30am. Pretty sure there isn't any drugs involved - one guy is military and in a convo with my husband mentioned before he was trying to get this one kid to stop doing drugs.

I guess all we can do is keep on calling the police, like they don't have anything better to do?