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KIDS ON OUR PLAYSET: I have a childrens playset that is very popular with the neighborhood kids in my back yard. They come over when we are not home . What is my responsibility if someone falls off the play set and hurts themselves?

 

A: Probably none. You do have a responsibility, if you have erected a play set, to use reasonable care to make sure that the set is safe. This means that the screws on the ladder are on tight. It means that if it’s a wooden play set that the nails are actually nailed in and not exposed for someone to rip their leg apart on. It does not been that just because the kids and climb high that you have to be out there watching them all the time.


If someone falls and hurts themselves then maybe some coverage for the medical bills available under your homeowners medical care payments policy. (Check out your homeowners insurance). As far as lawsuit are concerned however you are only liable to someone if you have been careless.

 

A swimming pool is only slightly different. In addition to your duty to use reasonable care to make is safe, you have a duty to comply with your local swimming pool safety code. So, if the code calls for a six-foot fence with “childproof” locks and you build a four-foot fence with locks that don’t work and the child gets in at night and drowns you probably would have liability for a lawsuit.

You can order a free sample chapter of our free consumer guide, The Five Deadly Sins That Can Wreck Your Injury Claim, to learn more about personal injury claims in Dumfries, VA by following this link

If you have a question for Ben, you can submit it confidentially online at JustAskBenGlass.com.

 


Remember, we set up this "send Ben Glass an email" form for your convenience. This form does not make you a client of BenGlassLaw. Ben is licensed in Virginia and the District of Columbia only. While we'll keep what you tell us secret, remember that we can only give specific legal advice once you become a client of the firm. This is done written agreement only.
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