If someone gets injured on my trampoline can they sue If they didn’t have permission to us it?

I live in an apartment, my sister owns, no children live in the apartments on her property. Many other apartments with different owners are in view of the property. I’d like to put in a trampoline. The property is not fenced, if a child gets on the trampoline without permission, and gets hurt would either my sister or myself be liable? If so, what precautions should I take so we would not be liable? Putting a no trespassing sign on the safety net? Would we need to put a fence around the trampoline with a no trespassing sign?

Asked on March 6, 2016 under Personal Injury, Arkansas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You most likely should not have a trampoline unless you can and are willing to fence it in: a trampoline can be considered to be an "attractive nuisance" vis-a-vis children, that it is something that has some inherent dangers and can draw children in. Unless you fence the trampoline itself or the yard generally, you could be liable if children use it, even without permission, and are injured, because you would not be deemed to have done what you should do to protect children from injury. So fence it, and also have the safety net with "no trespassing" on it.


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