Playground Liability - Landlord Forum thread

Playground Liability by Josh (Ohio) on November 5, 2009 @13:34

Am I liable if my tenant’s children are injured while playing on my child’s play area? I own a duplex in Ohio, and live in one side. We have a jungle-gym type toy in the back yard. It is fenced in with a gate. I don’t really care if other kids play out there, but I do not want to be watching someone else’s kids or be responsible for an injury that might happen if one should fall off of the toy. Should I simply state on the lease that the back yard is off limits? Many thanks, Josh

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Re: Playground Liability by Ultimate M-Bone on November 5, 2009 @14:19	[ Reply ]
You would be liable if anyone got hurt on your property inside, outside, playground equiptment or not. You could state in the lease, no use of your childrens toys and playground equiptment. They should have use of their own part of the yard.

Re: Playground Liability by OK-LL on November 5, 2009 @14:22

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Is your half of the backyard separated from theirs by a fence? You may want to put a child-proof latch on the fence just to CYA. Otherwise, your lease should include language that they indemnify you against any claims for injury to their child or guests which occur on the property (or on your adjacent property, if separately fenced) and you must insist they obtain renter's insurance, or you can simply include the cost of RI in your rent and offer it as a perk to the tenant. They have to sign the binder and you can get the policy written. That will cover you up to $100,000 and it's coverage well worth having. Then your homeowner's insurance will kick in, and after that any umbrella policy you have.

Re: Playground Liability by xxx on November 5, 2009 @14:32

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It is sad that in the world we live in, we can't let a neighbor's kid play on our jungle gym in the back yard. I can imagine how that kid would feel looking at it every day and wishing he could play on it.

But the reality is that if that kid got hurt (or "hurt"), they would sue you, and your insurance might not cover it. Plus, these are tenants, and so more likely to turn on you.

Make sure you secure the area (trying googling "attractive nuisance" and "lawsuit"), and don't let them play in your back yard.

Re: Playground Liability by Anonymous on November 5, 2009 @15:05

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The safest thing to do is to construct a board fence that divides the backyard. That way children from the rental can not see your children playing and feel left out. In this way you would also avoid the liability of others playing on your equipment in your absence and without your permission. Simply fencing your play equipment will not adequately remedy your liability. Making the backyard off limits is also not a remedy that a tenant would find satisfactory or something you could easily enforce. Tenants are not going to want their children to play on the sidewalk and street while your child has a jungle-gym set in a forbidden backyard.

Re: Playground Liability by Chris Pike (AZ) on November 5, 2009 @15:17	[ Reply ]
Have you seen the LPA's Swing Set - Yard Accessory Addendum form? http://www.thelpa.com/lpa/forms/ef-swing.html

Re: Playground Liability by Anonymous on November 5, 2009 @16:58	[ Reply ]
I know it's not the same exact thing, but we have a pool in our backyard (SFH) and city code is a privacy fence around the pool/yard with a locked fence, and the latch for the locked fence has to be at a certain height.