Can my neighbors sue me if their kids get hurt on my property while tresspassing?

I live on a private cul-de-sac and own 1/3 of the road. The house next to my house has their driveway coming off of the private road. New neighbors have moved in and they have 4 young kids (ages 6-11). If the kids get hurt riding their bikes on the private road can they sue me? The kids are trespassing on our property.

Asked on February 5, 2013 under Personal Injury, Georgia


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Although the law varies from state to state, generally speaking a home owner does indeed owe a duty of care to those that are considered trespassers on their property. You have a duty to exercise ordinary care to keep the property safe.  So the facts that surround their injury and their status - trespasser - will determine if you could be held liable.  In the meantime, keep your homeowners insurance up to date.  Good luck.

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

As the owner of the property, you are liable for the injuries of people on the property even if they are trespassers.  Your liability for the injured children would include compensation for their medical bills and compensation for pain and suffering.  Compensation for the medical bills is straight reimbursement.  Compensation for pain and suffering is an amount in addition to the medical bills based on the nature and extent of the injuries as documented in the medical reports.

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