am i liable or able to be sued for someones child being hurt on our childs playground?
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am i liable or able to be sued for someones child being hurt on our childs playground?
i was planning on having a playground for my daughter built in my back yard but i
worried if one of the neighborhood kids was to get injured on it would we be sued
over it if they did not have permission to be on it?
Asked on March 11, 2019 under Personal Injury, Ohio
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
You are correct. As a property owner, you are liable if a child is injured on your playground equipment whether or not the child had permission to be on your property. Even if the child is a trespasser, you are liable for the child's injuries.
Your liability would include the child's medical bills and pain and suffering, which is an amount in addition to the medical bills.
If the case is settled with your homeowner's insurance carrier, NO lawsuit is filed.
If the case is NOT settled with your homeowner's insurance carrier, you will be sued for either negligence or premises liability depending on the cause of the child's injury.
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