Am I liable if a child was injured on my property if I’ve told the children (and adults) not to trespass?

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Am I liable if a child was injured on my property if I’ve told the children (and adults) not to trespass?

The property line is clearly defined and marked due to a recent survey.

Asked on June 23, 2015 under Personal Injury, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You are liable IF there was some dangerous condition on your property which you caused or allowed to persist (e.g. a sinkhole; a tumble down shed or jungle gym which fell on someone; boards with nails or other debris in the grass; etc.). You are not allowed to maintain dangerous conditions, and owe a legal duty even to trespasser to remediate such. But if there was no dangerous condition and a person (including a child) was injured without your fault, you should not be liable.


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