More backyard drama...

[tiggger1]

Unbelievable! This is why any lawsuits filed for situations like that should immediately be thrown out. If you are on someone's property without their permission and get hurt, oh well. Shouldn't have been where you don't belong.

thankfully my neighbor is great. She had told them to stay in her yard and they didn't listen. They did get in trouble but horses are considered attractive nuisances ( just like pools and trampolines) so if they did get hurt, they could try and sue me even if they were trespassing and had to go through 2 fences one which is electric! ( I have to have signs every 8 feet!)

 

[luvsJack]

So they weren't just in your yard? They were playing all over the neighborhood? Are the other neighbors complaining?

I just don't understand the problem--I enjoy seeing kids playing and having fun especially innocent fun like this (just think what they could be doing at that age)

And calling the cops on some kids playing chase is just way overreacting! The police have much bigger fish to fry than worrying about some kids running around having fun.

 

[shortbun]

if you suggest the children might be hurt by your dog and they are-you are guilty of intentionally endangering them. Don't bring it up. Begin looking for a fence. The children are making a game of running around the neighborhood and although they are so far, harmless, it might change.

 

[sunnyday123]

I think you are overreacting to the amount of potential liability you have to a trespasser on your property. Generally, unless the trespasser is a young child and you have an artificial danger (such as a swimming pool), or you wilfully, wontonly or with gross negligence caused injury to a trespasser, you won't be held liable for an injury sustained him.

Put up a no trespassing sign if you are so concerned about liability.

Otherwise, if the kids aren't really hurting anything, I wouldn't get so worked up over it.

The no trespassing sign doesn't mean a hill of beans. I put up a beware of the dog sign-only because she's honking big, not mean-and an attorney at work told me it doesn't prevent anything. You can still be heald liable-think about all those stupid lawsuits you hear about where the criminal sues whomever they are trying to rob when they get hurt/shot etc.

I grew up when you stayed outside till the street lights came on, and you just didn't go into someone else's yard unless you were playing with their kids. It isn't going to hurt their feelings or stunt them emotionally to not go into the OP's yard.

 

[DisneyBamaFan]

So they weren't just in your yard? They were playing all over the neighborhood? Are the other neighbors complaining?

I just don't understand the problem--I enjoy seeing kids playing and having fun especially innocent fun like this (just think what they could be doing at that age)

And calling the cops on some kids playing chase is just way overreacting! The police have much bigger fish to fry than worrying about some kids running around having fun.

Calling the cops for this might get you in trouble in some places...

 

[mickeyboat]

I think it's easy to "overreact" when we live in such a sue crazy society. I'm sure you are right that we wouldn't be liable, but who wants to go through all that hassle in court?

That is why we pay for homeowner's insurance, why attorneys work on contingency fees (not likely to take cases they won't win) and why judges throw out cases without merit.

To be honest, it sounds like you are spending more time worrying about these kids being in your yard than the hassle you might face on the remote chance someone gets hurt.

 

[phorsenuf]

Oh good God. Kids playing. What is going on in the world these days? Kids don't stand a chance.

 

[tiggger1]

The no trespassing sign doesn't mean a hill of beans. I put up a beware of the dog sign-only because she's honking big, not mean-and an attorney at work told me it doesn't prevent anything. You can still be heald liable-think about all those stupid lawsuits you hear about where the criminal sues whomever they are trying to rob when they get hurt/shot etc.

I grew up when you stayed outside till the street lights came on, and you just didn't go into someone else's yard unless you were playing with their kids. It isn't going to hurt their feelings or stunt them emotionally to not go into the OP's yard.

I was told by my lawyer that if you put up a BEWARE sign ( etc. this Dog bites) and if someone get bit then you are saying you knew the dog could be vicious and that you could be seen as neglect and you have a better chance at getting sued. I was told to only put up no trespassing signs but they need to be every 6-8 feet around my entire property

 

[SundaeAfternoon]

if you suggest the children might be hurt by your dog and they are-you are guilty of intentionally endangering them. Don't bring it up. Begin looking for a fence. The children are making a game of running around the neighborhood and although they are so far, harmless, it might change.

I don't think he would hurt anyone. He's shy and would bark, but he's a golden retriever...a big fluffy sweetie.

A low picket fence would be nice, low enough that it wouldn't obstruct our water view, but enough of a barrier to keep people out.

 

[Nancyg56]

I think if the kids bother you you should talk to them. If they continue to use your yard as a playground then discuss it with the parents. It is your yard and you get to decide who plays there.

I never kept the kids from my yard. A neighbor told me that I was leaving myself open to a lawsuit if one got hurt so I called my homeowners agent and asked her to increase my "good neighbor" clause as much as she could. Unless the kids are damaging my property or they are behaving in a way that they could get hurt I let them play.

 

[lillygator]

You have a pool and no fence? Is that legal where you live?

Where we are you don't have to have a fence. Ours is not screened and we have a net cover that goes over it.

To be honest, it sounds like you are spending more time worrying about these kids being in your yard than the hassle you might face on the remote chance someone gets hurt.

 

[sunnyday123]

Oh good God. Kids playing. What is going on in the world these days? Kids don't stand a chance.

And the flip side of that argument could be that they are just running amok with no regard to rules or respect and THAT'S what is wrong with kids today....and these "kids" are teenagers, not 5-6 year olds playing.

I was told my my lawyer that if you but up a BEWARE sign ( etc. this Dog bites) and if someone get bit then you are saying you knew the dog could be vicious and that you could be seen as neglect and you have a better chance at getting sued. I was told to only put up no trespassing signs but they need to be every 6-8 feet around my entire property

And the sign will be coming down then. Just her size could hurt someone if she jumped on them.

 

[SundaeAfternoon]

Oh good God. Kids playing. What is going on in the world these days? Kids don't stand a chance.

Yes...what is going on in the world these days? Parents are teaching their kids to not respect other people and their property, and the rest of us are supposed to just "deal with it."

 

[mickeyboat]

The no trespassing sign doesn't mean a hill of beans. I put up a beware of the dog sign-only because she's honking big, not mean-and an attorney at work told me it doesn't prevent anything. You can still be heald liable-think about all those stupid lawsuits you hear about where the criminal sues whomever they are trying to rob when they get hurt/shot etc.

You are only generally liable to trespassers (unless they are children and you have an attractive nuisance) for willful, wonton, or grossly negligent actions. So yes, if you shoot someone (willful), they can under certain conditions, sue you. If you are shooting off fireworks willy nilly (wonton), they can under certain conditions, sue you. If there is an obvious hazard (such as a dog or a gigantic hole you just dug) on your property (gross negligence), they might be able to sue you.

If they are trespassers running around your property which has no obvious artificial hazards, you will not likely be sued.

 

[phorsenuf]

Well I'm certainly glad I'm not one of "those" neighbors. If kids want to run around and play than so be it. As long as they aren't tearing up my yard or being disrespectful to me than have fun.
I swear people get bent out of shape over the stupidest things these days. I wish we could go back to the simpler times.

 

[Feralpeg]

Just like the prior thread, this seems to breakdown to those who feel that no one should be allowed on their property unless asked and those who feel that yards are open to all as long as they are doing no harm.

I would guess this breakdown has a lot to do with the age of the posters and the way in which they grew up. I am older. I grew up in a small town in Iowa. No one thought anything about kids playing in each other's yards. It was such a small town. We roamed the town and played where ever we found a bunch of kids and had sufficient room for our games. One of our favorite games was to throw a ball over the roof of a house and then the person who caught it would attempt to tag the kids on the other side. If you were in the house, it was incredibly loud. None of the parents seemed to mind. We'd move from house to a different house each time we played so we wouldn't bother one set of parents over and over. Today, people would say that we were rude and disrespectful. That was not the case at all. The parents knew us and had no problem with how we played. If they did, we have a problem, we'd stop. We were actually very respectful of others.

Of course, back then, everyone in the area knew each other. If a family had a problem, the other families were there to help. If someone did break something, the other parents were always ready to take care of it. Now days, many people don't know their neighbors. They make no effort to get to know their neighbors. No wonder their is a sense of distrust and a fear that someone could cause harm. People today are so afraid of lawsuits. I find the whole thing rather sad.

Of course, it is the OP's right to decide who can be in her yard. Maybe, if she tried to get to know the kids, it would help. I've found most kids are pretty reasonable if you really take the time to talk to them.

 

[momrek06]

Just like the prior thread, this seems to breakdown to those who feel that no one should be allowed on their property unless asked and those who feel that yards are open to all as long as they are doing no harm.

I would guess this breakdown has a lot to do with the age of the posters and the way in which they grew up. I am older. I grew up in a small town in Iowa. No one thought anything about kids playing in each other's yards. It was such a small town. We roamed the town and played where ever we found a bunch of kids and had sufficient room for our games. One of our favorite games was to throw a ball over the roof of a house and then the person who caught it would attempt to tag the kids on the other side. If you were in the house, it was incredibly loud. None of the parents seemed to mind. We'd move from house to a different house each time we played so we wouldn't bother one set of parents over and over. Today, people would say that we were rude and disrespectful. That was not the case at all. The parents knew us and had no problem with how we played. If they did, we have a problem, we'd stop. We were actually very respectful of others.

Of course, back then, everyone in the area knew each other. If a family had a problem, the other families were there to help. If someone did break something, the other parents were always ready to take care of it. Now days, many people don't know their neighbors. They make no effort to get to know their neighbors. No wonder their is a sense of distrust and a fear that someone could cause harm. People today are so afraid of lawsuits. I find the whole thing rather sad.

Of course, it is the OP's right to decide who can be in her yard. Maybe, if she tried to get to know the kids, it would help. I've found most kids are pretty reasonable if you really take the time to talk to them.

GREAT POST, PEG!!!

 

[Scurvy]

I'm sort of surprised that so many posters are acting like this is some sort of new, unheard of attitiude. I grew up in the 70s and my friends and I all knew not to go into someone else's yard unless we were invited to be there. I am teaching my child the same thing. It surprises me that so many people apparently don't do that.

OP, I don't think you are being unreasonable. It's your property and you should be able to decide who is welcome on it. If some people want to have the fun yard in the neighborhood and let all the kids play there, that's great for them. If you prefer to limit who has access to your yard you have every right to do that. It shouldn't matter why you don't want them there - maybe it's a liability issue, maybe you don't want your flowerbeds trampled, maybe you don't want random kids peering in your windows - all that matters is that you don't want them there. You don't have to justify that to anyone. I agree with others that you should talk to the kids first, then the parents. Realistically, the only real solution might be for you to get a fence at some point if it's important enough to you.

 

[NAB]

Yes...what is going on in the world these days? Parents are teaching their kids to not respect other people and their property, and the rest of us are supposed to just "deal with it."

See I do teach respect to my kids and not to cross somenones yard. But sometimes they just do it. I have seen it and told them not to....kids will do what they do they see on harm. Heck I have seen grown people cut the corners short on sidewalks if you live on a corner lot. This is why I would never own one.

I guess just talk to the kids next time you see them and say it brothers you

 

[phorsenuf]

Just like the prior thread, this seems to breakdown to those who feel that no one should be allowed on their property unless asked and those who feel that yards are open to all as long as they are doing no harm.

I would guess this breakdown has a lot to do with the age of the posters and the way in which they grew up. I am older. I grew up in a small town in Iowa. No one thought anything about kids playing in each other's yards. It was such a small town. We roamed the town and played where ever we found a bunch of kids and had sufficient room for our games. One of our favorite games was to throw a ball over the roof of a house and then the person who caught it would attempt to tag the kids on the other side. If you were in the house, it was incredibly loud. None of the parents seemed to mind. We'd move from house to a different house each time we played so we wouldn't bother one set of parents over and over. Today, people would say that we were rude and disrespectful. That was not the case at all. The parents knew us and had no problem with how we played. If they did, we have a problem, we'd stop. We were actually very respectful of others.

Of course, back then, everyone in the area knew each other. If a family had a problem, the other families were there to help. If someone did break something, the other parents were always ready to take care of it. Now days, many people don't know their neighbors. They make no effort to get to know their neighbors. No wonder their is a sense of distrust and a fear that someone could cause harm. People today are so afraid of lawsuits. I find the whole thing rather sad.

Of course, it is the OP's right to decide who can be in her yard. Maybe, if she tried to get to know the kids, it would help. I've found most kids are pretty reasonable if you really take the time to talk to them.

Perfectly said!