What can I do if my neighbor’s children constantly keep climbing over my fence into my backyard and sine it is very high they may be seriously injured?

Get Legal Help Today

 Secured with SHA-256 Encryption

What can I do if my neighbor’s children constantly keep climbing over my fence into my backyard and sine it is very high they may be seriously injured?

Would my neighbors have a case against me if any of their 8 children got hurt? What should I do to prevent being sued? How should I prepare myself for a lawsuit?

Asked on April 30, 2017 under Personal Injury, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

1) Put up no trespassing signs to make it clear that entry is not allowed. Also, send letters to the neighbors, sent some way you can prove delivery, that they children are trespassing, are not allowed in your yard, and you will call the police if they keep trespassing. You want to make it clear that in no way are the children invited.
2) If they do trespass again, follow through and call the police: this will reinforce that they are NOT allowed in your yard.
If you do the above, you should be safe from a lawsuit *unless* there is an injury caused by an "unreasonably dangerous" condition in your yard; unfortunately, under U.S. law, you have to protect trespassers, even burglars, from unreasonably dangerous conditions. So if there are sinkholes that an ankle could turn or break in, if you have any junk piles with jagged materials in them, etc. remove or fix the issues--you don't want there to be anything more dangerous than just ordinary landscaping.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption