We just had a rather large playset installed in our backyard. We are happy to allow our neighbor's grandchildren play on it (6 yr. old twins). From a liability standpoint, is this a good idea? Obviously, we have homeowners insurance, but I just want to make sure we aren't negligent in any way. Should we insist that they be supervised by an adult? The playset is not particularly high off the ground, and if they were my 6-yr. olds kids, I wouldn't worry that they'd get hurt.
Thanks, everyone.
RB - I agree with you. However, not everyone feels the same. I want to be a good neighbor and allow other kids to play...but I also don't want to be naive and think someone might not sue us if their kid got hurt here. It's an unfortunate reality. So, I'm not going to require a waiver, but I will require that the kids be supervised by their parents or grandparents if we aren't home.
Honestly--kids have been playing in yards on other people's swing sets for ages!
I would say if you are home & out they are welcome. I don't think it's appropriate for them to come over when you're not home--and not from a liability standpoint.
I totally understand your situation. We live in a neighborhood with few fences and the most yards have a playset. The rule for us has always been that if the child that owns the playset is playing then you can play too, but if the child that owns the set is not with you then you are not allowed on it. Simple rule and all the kids follow it. That way you have a better idea of when to be cautious.
I'm an insurance agen in Az. You are liable if the parents are there or not. And depending on the seriousness of the injury, just signing a waiver may not be enough to protect you. I agree with Jo, save your money and put up a fence. good luck.
I think I'll come at this from a slightly different angle. I think it's a sad reflection on our society that you have enough fear to have to post this question! I'll bet every single one of us played over at the neighbor's house(s) as kids and most of us likely got hurt a couple times. Did our parents sue the neighbor? No! Why not? Because #1, they were our friends and no harm was intended. And #2, us kids probably incited the injury onto ourselves through no negligence of the neighbor.
If a child isn't taught how to play safely, how will they ever learn? Plus, how will they learn personal responsibility if things are never their own fault? I'll give an example: my boy was at daycare up through kindergarten. He decided one day to jump off the chair/couch there. Repeatedly. He was told to stop and he definitely isn't allowed to pull that stuff at home. He ended up losing his balance and breaking his arm. I most certainly did not sue the daycare center. It's not their fault that my kid did something dumb and ended up getting hurt. They warned him to stop and he didn't. That's entirely his fault. Yes, we were saddled with the medical bills, but that's the price we pay as parents and as teachers of responsibility to our children. Now, I didn't go about blaming him to his face, but rather, used it as a teaching moment that yes, there's a reason we grown-ups say "Stop!"
It's a whole other story if there's truly negligence (such as a rusty metal spike sticking out of a public area that the owners have been warned about and didn't do anything and then my kid trips on and impales himself--no that hasn't happened). But this is YOUR well-maintained swingset on your property. And it really seems like we, as a society, have forgotten what true negligence is.
I guess we should all have some liability waivers on hand just in case someone comes into our yard to play. Everyone must sign a form saying they will not sue and have it notarized before allowing our CHILDREN to play together.
On our playthings, swingset, pool, trampoline they have to ask permission or be invited.
THey are not allowed to play on our equipment without one of my kids out there with them.
They are not allowed in our yard if I am not home, or hubby. Babysitters don't count.
6 yr olds are pretty resilient, they probably won't break anything on your swingset, either of the set or of themselves. They must have permission form Grandma to be at your house and on the swing.
If they break the rules you can have consequences. THey cannot come over to play for one week, or whatever you choose.
At our house I must be able to be out there with them if they have a friend in the pool and no one swims alone. Not the swingset though.
Well we let our neighbors play on our swingset. They have their own swing set but they go back and forth to our and their with our kids. Its whatever you feel comfortable with. I feel comfortable with it.
You may want to insist that a parent supervise, as well as have them sign a waiver in case something does happen. With my kids, I know that even if something is close to the ground, they can still get hurt. They take risks like you would not believe.
The grandparents should ABSOLUTELY ask your permission and get it first---- second, they need to be present 100% of the time. You have the right to say no at any time and you should insist that they are completely aware that you will not be responsible for any injuries. I do have to say though, since it is on your property, you will be held liable. So keep that in mind----But I would probably not want to allow this if it was me---too many things can go wrong. Thats my opinion. You have to judge what you are ok or not ok with. Good luck!
M
if you have home owner's insurance that would cover any liability issues
I have a great playground and before I fenced the yard I worried about this and looked into it, and that is what all the things I could find, and my home owner's insurance person said.
Like anything in your yard you are liable if someone gets hurt whether you are home or not.
Fences are a wonderful thing.
