am i liable or able to be sued for someones child being hurt on our childs playground?

UPDATED: Oct 1, 2022

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am i liable or able to be sued for someones child being hurt on our childs playground?

i was planning on having a playground for my daughter built in my back yard but i
worried if one of the neighborhood kids was to get injured on it would we be sued
over it if they did not have permission to be on it?

Asked on March 11, 2019 under Personal Injury, Ohio


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You are correct. As a property owner, you are liable if a child is injured on your playground equipment whether or not the child had permission to be on your property. Even if the child is a trespasser, you are liable for the child's injuries.
Your liability would include the child's medical bills and pain and suffering, which is an amount in addition to the medical bills.
If the case is settled with your homeowner's insurance carrier, NO lawsuit is filed.
If the case is NOT settled with your homeowner's insurance carrier, you will be sued for either negligence or premises liability depending on the cause of the child's injury.

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 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.

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