- April 15, 2024
- Posted by: legaleseblogger
- Category: Related News
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# Concerns about kids playing in backyard ravine
I am currently residing in Illinois, where my property features a backyard that drops into a ravine. Recently, a situation arose where my neighbor’s child, along with other neighborhood kids, have taken to playing in this potentially hazardous area. Despite my warnings and reservations about the safety risks involved, their parents have not taken any measures to supervise or deter their activities.
The gravity of the situation became apparent when I discovered my birdbath completely shattered one morning, likely as a result of the kids’ unsupervised play in the backyard. This incident has raised concerns about the potential liabilities and risks associated with allowing unsanctioned activities to take place on my property.
To mitigate these risks and ensure the safety of both the neighborhood kids and my property, I am considering installing a surveillance camera overlooking the backyard. This extra measure of security can provide evidence in case of any future incidents or accidents, giving me peace of mind knowing that I have taken proactive steps to protect both the kids and my property.
In this scenario, the AI Legalese Decoder could prove to be invaluable in deciphering any legal implications or responsibilities that may arise from the kids’ activities on my property. By analyzing and translating complex legal jargon into plain language, this tool can help me better understand my rights and obligations as a property owner, especially in relation to potential liability issues.
By leveraging the AI Legalese Decoder, I can gain clarity on how to navigate this delicate situation and take the necessary steps to protect both the kids and myself from any legal repercussions.
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NAL Retired Adjuster
That ravine may be considered “an attractive nuisance”. Tricky legal area, but, there is a possibility you could be held responsible for injuries for failure to protect the area.
From Cornell: “In tort law, the attractive-nuisance doctrine imposes a duty on property owners to treat trespassing children the same as an invitee, and as a result, must exercise reasonable care to eliminate potential dangers or provide adequate warning”
In some cases, No Trespassing ” signs haven’t been enough, as children can’t necessarily read, nor have legal capacity to understand what that means.
If you can fence it, fence it. Even if it’s just the bordering access portion of your property. Talking to the kids parents. It can help to say “Insurance requires that I not allow children to access the ravine through my property”.
Best wishes
Attractive nuisance doctrine can vary from state to state. OP should consult a practicing civil litigator in their state, they will have the resources and experience to research OP’s potential liability more precisely.
Yes they can sue you.
although it won’t likely actually be them it would probably be their medical insurance trying to get to your homeowners insurance
make sure the ravine is on your property. check yr homeowner’s insurance medical payments section
Your back yard DROPS into the ravine or the ravine is ON your property? This could make a big difference in liability. If the ravine is not part of your property call the city, find the owner and tell them you want it blocked from your property. NAL
Put up some cameras and file a police report for trespassing. Once the authorities get involved it’s likely the parents will put the kibosh on their kids’ shenanigans.
Is the ravine actually part of your property? Or does it cut off shortly before the ravine? In general you have some responsibility regarding hazards on your property, though I don’t know if a ravine would qualify as an attractive nuisance.
NAL but most attractive nuisances laws seem to reference something created or man made (ie swimming pool, playground set, trampoline, old car, firearms, tree houses) essentially things that kids could find fun to play in that were put there. A natural feature may or may not qualify. I have found at least one state where courts have explicitly said that natural occurring landscapes and features are *not* attractive nuisances.
Post no trespassing signs. Anyone can sue you for anything. The only thing you can do is cya. Text the neighbor to clarify that you don’t give permission, so there’s a paper trail.
If you can read this far into the mind numbing part of the law, here are the ILLINOIS Pattern Jury Instructions on PREMISES LIABILITY. If it is in there, you are subject to it. If it is not in there, it is not part of the PREMISES LIABILITY of Illinois. [ over the years I have helped folks move form IL to TX, TN and FL — so I work them outbound – not inbound ] [https://www.illinoiscourts.gov/resources/18fd27de-6edb-4c7d-9ee5-8957f48f4568/file](https://www.illinoiscourts.gov/resources/18fd27de-6edb-4c7d-9ee5-8957f48f4568/file)
NAL Along with others advice send a certified letter to the parents informating them that you have been notified as of x date that their children have been trespassing onto your property, and list out the measures you have inacted: ie cameras, posted no trespassing, ECT.l and that you requested they don’t return. It doesn’t do much now but does create a certified paper trail that you have informed the parents about the kids going into the raviene.
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Yeah, it’s your property, if someone gets hurt on your property then you fail to create a safe space which is your responsibility as a property owner, just as the State has a responsibility to provide safe public areas or it’s liable for damages. Even if a person is unwelcome onto your property, you can still be sued. You will need to create an environment where people’s kids cannot enter, otherwise their parents will sue you when their child gets hurt.
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