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unruly neighbor children

  • Thread starter Thread starter UTworried-neighbor
  • Start date Start date

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U

UTworried-neighbor

Guest
I live in Utah and am buying a house. My neighbor's children seem to like my yard better than their own. I am daily asking them to get out of the tree or stop playing on a brick planter that they like to jump from. I am scared to death that they are going to get hurt on my property. I have asked the parents to keep them off my property but it didnt help. They climb my fence and tree... How do I protect myself from getting sued if their kid hurts himself?Please help!

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I

I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by UTworried-neighbor:
I live in Utah and am buying a house. My neighbor's children seem to like my yard better than their own. I am daily asking them to get out of the tree or stop playing on a brick planter that they like to jump from. I am scared to death that they are going to get hurt on my property. I have asked the parents to keep them off my property but it didnt help. They climb my fence and tree... How do I protect myself from getting sued if their kid hurts himself?Please help!

<HR></BLOCKQUOTE>


My response:

You can always shoot the little basta*ds with your .44 Magnum or Elephant Shotgun. That might get their parents' attention.

But, the less bloody way to do this is to write the parents of those little miscreants that you are placing them on NOTICE that if their little rug rats become injured on your property, that you will use your Certified, Return Receipt letter as evidence against them in any claim they might make for injuries. You tell them that their entire family will be, and are, considered trespassers, and have, from this date forward, no express or implied permission to enter onto or be on your property without written permission. And, if the matter persists, you will sue the children and parents for trespass, and obtain a Restraining Order from the court.

Of course, there's always razor wire, or man-eating dogs, or a moat with Pirhanna fish, or bear traps, or guerilla man-traps with bamboo spikes in a pit or sprung from the tree. And then, the fun part . . . the torture with Chinese water drops, or spikes under their little finger nails, or rubber hoses, or acid treatments . . . well, you get the drift.

IAAL


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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."



[This message has been edited by I AM ALWAYS LIABLE (edited June 12, 2000).]
 
D

dsut

Guest
Not neccesary IAAL. Good idea and certainly worth doing though. In Utah people that are unlawfully trespassing CANNOT hold the property owner responsible for injuries sustained while in the commission of the criminal act or related acts. Such as if they fall off the fence and break their neck, or if they get their eye put out because he/she fell on top of your water sprinkler. But certainly do what IAL did, and provided a signed and notorized copy of that letter and the returm reciept to the local law enforcement. Perhaps a visit from them might help a bit. If all else fails, get a rottweiler. They love to have kids as appetizers.
 
I

I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by dsut:
Not neccesary IAAL. Good idea and certainly worth doing though. In Utah people that are unlawfully trespassing CANNOT hold the property owner responsible for injuries sustained while in the commission of the criminal act or related acts. Such as if they fall off the fence and break their neck, or if they get their eye put out because he/she fell on top of your water sprinkler. But certainly do what IAL did, and provided a signed and notorized copy of that letter and the returm reciept to the local law enforcement. Perhaps a visit from them might help a bit. If all else fails, get a rottweiler. They love to have kids as appetizers.<HR></BLOCKQUOTE>

My response:

The Rottweiler sounds like a wonderful idea !! Chomp, chomp, gulp.

Anyway, trespassing is an "intent" crime, and children can't form that type of "intent." What do they know? They see a tree, and "hey, it's fun time." So, I rather doubt you can get law enforcement to respond on a criminal complaint against young kids.

California no longer makes a distinction between trespasser, invitee, or licensee. If you get injured due to a hidden defect, a property owner is liable. But, in Utah, who knows - - there's surely some Appellate Case law on the subject.

I do have an affinity for the Elephant Shotgun approach though . . .

Thanks for having fun, and I hope the writer knows we're just playing around, a bit. If not, there's gonna be some unsightly splatter goin' on!!

IAAL




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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 
U

UTworried-neighbor

Guest
Thanks everyone for the ideas. Dont worry I am not that radical. And your humor helps.
Thanks.
 
I

I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by UTworried-neighbor:
Thanks everyone for the ideas. Dont worry I am not that radical. And your humor helps.
Thanks.<HR></BLOCKQUOTE>

My response:

Damn !! Ya ever heard one of them varmints squeal like a pig?

I love humor respites.

IAAL



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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 
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