Advice/opinions needed

[Annie68]

I need some advice. We live right next to a park path, the park is behind the woods that back up to our yard. My neighbors on the other side of the path have a huge lot, and their house sits further away from the path than ours. Our DS's (10) like to skateboard & my DS has 2 small ramps that they like to use. They put the ramps on the park path (the path is double the size of a normal sidewalk and smooth), but off to the side. They have never had an issue with people walking/riding by. I keep an eye on them, they have been good about stepping to the side & not skating when people are passing.

Today a man was riding by on bikes with his daughter. She looked to be about 6 or 7. I was watching from my window. The man told his daughter to "watch out" for the ramp, although it was off to one side & 3/4 of the walkway was open. This girl then aims her bike at the ramp, catches the corner & falls over. She cried for a moment, then hopped back on her bike. I started to say something to the Dad, but not hearing me, or realizing I was right there with the window open, he turns to my son who was standing to the side by the ramp and says angrily "you need to get this ramp out of here". I was a bit taken aback, and let him know that I was sorry she fell...but that the boys have been using the ramp there for months without a problem. The ramps are only out when they are using them, otherwise are put away in the garage. I am able to keep a good eye on them when in use, and they aren't blocking the sidewalk in the front. I don't know my liability though, if someone such as this girl attempted to use it without asking and got hurt? This is the first time this has been a problem.

 

[Marseeya]

Sorry, but I think you're in the wrong here. If it's a public path, the kids have no business leaving any kind of toys lying about. Are the ramps small enough that they could move them when someone's coming? Around here, kids set up hockey goals in the streets, but have to move them when someone's coming.

 

[Lisa loves Pooh]

I concur with Marseeya--public access needs to be cleared of your children's belongings when not in use.

Whether the girl intentionally hit it or not is irrelevant. And at that age--it is likely she simply misjudged her proximity to the ramp.

Also there is a legal term known as "attractive nuisance". Basically if you leave something "tempting" accessible--then you can be held liable for anything that happens as a result of leaving it out.


http://insurance.cch.com/Rupps/attractive-nuisance-doctrine.htm

There is normally no particular care required of property owners to safeguard trespassers from harm, but an attractive nuisance is an exception. An attractive nuisance is any inherently hazardous object or condition of property that can be expected to attract children to investigate or play (for example, construction sites and discarded large appliances). The doctrine imposes upon the property owner either the duty to take precautions that are reasonable in light of the normal behavior of young children--a much higher degree of care than required toward adults--or the same care as that owed to "invitees"--a higher standard than required toward uninvited, casual visitors (licensees).

May be a stretch applying it here--though since you are right on the path---it could apply.

 

[The Mystery Machine]

Have you looked up your park's rules? I would be sure to find out if it is OK to skateboard on ramps, on a public path.
More than likely it is not.

 

[Annie68]

Have you looked up your park's rules? I would be sure to find out if it is OK to skateboard on ramps, on a public path.
More than likely it is not.

Thanks for the opinions, I appreciate it!

I tried to call the city earlier to double check, but was told the person I need to speak with had left for the day. I am going to check tomorrow, but in the meantime told my DS he'll have to hold off on using the ramps on the path. We only have them out there while the boys are using them, otherwise they immediately go back into the garage. Using them in the street is not an option, we live near a curved turn & people may not see them until it's too late. We may just have to stick with the driveway.

 

[Annie68]

I concur with Marseeya--public access needs to be cleared of your children's belongings when not in use.

Definitely! The boys only have the ramps out while they are using them, otherwise they go back into the garage.

"Are the ramps small enough that they could move them when someone's coming?"

Oh yes! They are small, they only take up 1/4 of the path. The path is double the width of a normal sidewalk. No one has ever needed them moved though, as they still have 3/4 of the path to use & the boys stand on the grassy side waiting until they pass.

 

[Tigger Fans!]

Annie68-
Is the path part of an easement on your property? I believe you would be liable if anyone was injured either way. I lived next to a park with a sidewalk between my neighbor's house and ours and we were advised to make sure that no leaves from our trees should even obstruct the pathway.

 

[Annie68]

Annie68-
Is the path part of an easement on your property? I believe you would be liable if anyone was injured either way. I lived next to a park with a sidewalk between my neighbor's house and ours and we were advised to make sure that no leaves from our trees should even obstruct the pathway.

No, we asked when we bought the house. It's considered city property. I can understand not being able to leave the ramps there unattended, but I'm wondering if they will object to using them on the path period? It honestly has never occured to me, but it does make sense that the city wouldn't want the liability. I'll let you know what they say tomorrow.

 

[disykat]

I think it seems totally unfair if they can't use the ramps there. Since it was a public path, they have just as much right to use it as anyone else. They weren't blocking the path. I see kids take ramps to parks, schools, etc. all the time for their own personal use.

The 6 year old sounds like she was trying to get Daddy's attention by purposely doing something he told her not to do.

 

[Annie68]

I think it seems totally unfair if they can't use the ramps there. Since it was a public path, they have just as much right to use it as anyone else. They weren't blocking the path. I see kids take ramps to parks, schools, etc. all the time for their own personal use.

The 6 year old sounds like she was trying to get Daddy's attention by purposely doing something he told her not to do.

I edited my original post because I used the word "intentionally" and I don't know for certain that she did....but it seemed odd that as soon as the Dad told her to look out for the ramp (they were riding by very slowly) that she turned her bike toward it. I thought the Dad would scold her, but instead he yelled at my DS.

I agree that it seems unfair, especially because they aren't blocking the path. I don't think the Dad would complain, but it has me wondering if it's OK for them to be out there.

 

[Marseeya]

I edited my original post because I used the word "intentionally" and I don't know for certain that she did....but it seemed odd that as soon as the Dad told her to look out for the ramp (they were riding by very slowly) that she turned her bike toward it. I thought the Dad would scold her, but instead he yelled at my DS.

I agree that it seems unfair, especially because they aren't blocking the path. I don't think the Dad would complain, but it has me wondering if it's OK for them to be out there.

I don't think it seems that odd. If the little one was unsteady on the bike and the dad drew her attention to something, her attention might have turned her whole body towards it.

I personally don't see a problem with the kids using the ramps on the path, period, and I'm sure 9 out of 10 people wouldn't object. But you're always going to have that one person. The kids are going to need to learn to yell "person!" and move the ramp. (you know, how kids in the street yell "CAR!" )

Let us know what answer you get today. I'm curious now!

 

[Annie68]

Let us know what answer you get today. I'm curious now!

Update:
I called the city with my inquiry, they had someone call me back this afternoon. He said it is fine that the boys use the ramps, as long as they do not leave them unattended and that they are where I can keep an eye on things. He said to please be sure the boys are respecting others on the path, and that they don't take up more than 1/2 of the area. I mentioned the girl who fell & he said that the boys should put the ramps on their sides when little ones pass by on bikes. Sounds fair to me!