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If a kid were to crack his skull, do you think the drive way neighbor would be accountable?

If a kid were to crack his skull, do you think the drive way neighbor would be accountable?

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[–] 1 pt

I'm not a lawyer, but I took quite a few law classes in grad school, so my response is only marginally educated. You get what you pay for.

No.

Most "fear of lawsuits" is from a fundamental misunderstanding of the law. To lose a lawsuit like this you have to show significant malice or negligence. Neither is at hand here.

  • Did you place the driveway with an intent to hurt people? Obviously not.
  • Are you responsible for a kid running onto your property? Obviously not.
  • Did you entice kids to come onto your property? Obviously not.

Bottom line is - zero risk of you being at fault. Just because someone falls on your property doesn't mean jack.

Primary principle: What matters is if you enticed a child onto your property. The term is an "attractive nuisance". The common one is the pool. Kids love pools. Kids drown when not supervised. It is reasonable to expect a kid to want to swim in a pool. It is reasonable to expect that (young) kids don't understand trespassing. So - you have some liability if you don't put a fence around your pool. Pools are kinda special because it is stupid obvious that kids like pools and that pools are crazy dangerous.

But, the "attractive nuisance" has limits. For example - kids like dogs. If a kid gets bit by your dog in a park (and you didn't have the dog restrained) then you are liable. But, if a kid climbs over your fence and gets bit, then you are not at fault. You showed a reasonable level of effort to protect the neighbors from your dog with the fence, etc.

Bottom line - just because a kid falls on your property doesn't mean anything.

A more interesting question might be for the owner of the trampoline. Sounds like it isn't behind a fence. I personally own lots of dangerous yard toys (trampoline, pool, swing set, tree house, etc), but all behind a fence. But, that still doesn't mean the owner is liable. Usually secondary factors have to come into play. Did the home owner leave sharp gardening tools around the trampoline? Maybe place the trampoline next to a nice 4 foot wrought iron fence with sharp points? OK, that's likely foreseeable negligence. But, generally owning a trampoline and letting people (for free) use it isn't a source of negligence.

But - putting it right next to a driveway AND without a fence AND on an obvious incline? Yeah ... IMHO ... they are asking for trouble. Hopefully they have good insurance. :)

[–] 0 pt

What about enticing people with doughnuts and weed to take a poison injection?

[–] 0 pt

Sadly, US gov't wrote special laws to give vaccine makers carte blanche protection from any wrongdoing.

Let's see: - Gov't gives $1500 per human you stick. - Gov't gives you a free pass to do a half ass job of making it.

What's the obvious result?
- You use your money to influence politicians and media that makes you collect as many $1500 ticket stubs as you can.

That one is all about the money. Nothing more, nothing less.

[–] 0 pt

Hey, thanks for the great response!