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Mom Confessions Mom Confessions

So she's threatening to sue us because her son fell off our trampoline... But we werent home when he fell.

Anonymous
Posted by Anonymous
  • 216 Replies
We have a trampoline in our backyard. We also have a pool. And out yard is fenced it.

Our neighbour has a 11 year old son. He had never been on our trampoline since my kids arent friends with him, and hes never over. plus I don't let kids on without their parents permission, so even if he came over, unless I had the ok from his parents he wouldn't be on it.

Yesterday morning we went to bils since dh, fil and bil all had the day off, so we decided to have a big cook out. We didnt get back until 8:30pm.

At 10:30 our neighbour comes knocking on our door with her son.

She started going on about how her son broke his wrist falling off our trampoline and how we needed to pay bill for the ER. I told her we weren't paying anything, that her son shouldn't have been in our yard when we weren't home and shouldn't have been on the trampoline to begin with.

She then went on about how he's just a kid and how she was going to see that we be made responsible for our actions..

Exactly what actions is she planning to make us responsible for?

We werent home.

We didnt let him in the yard.

We didnt force him on the trampoline.

At 11 he should know better than to just go into some ones yard and just hop on their trampoline any way.

This is just insane.

Am I just out of the loop on this or are we some how responsible for her son falling of it???


Eta- yes we have insurance.

Yes we called the police to try to report him for trespassing (we have signs for trespassing and "beware of dogs." Although the dogs were with is at bils becuase he also has 3 dogs...) but they said there was nothing they could do without proof that he was in the yard unless his mother is willing to verify that he was there, and she won't verify it for them so I'm at a Loss.


Oh and yes the trampoline was added


If I can't prove he was trespassing in our yard then how can she prove he fell off our trampoline?
We have a privacy fence around the yard as well as a spectate fence around the pool so that the girls can at in the yard without getting to it. The only way to get into the yard is through the back door, or the gate part next to the garage. Which most people don't even know exists because you can't see it from the sidewalk. Unlatching it is tricky enough to keep little kids from gettintz, but older kids could get. Although I can't even undo it in the dark.
Posted by Anonymous on Mar. 6, 2014 at 7:42 PM
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Replies (1-10):
escuchar
by on Mar. 6, 2014 at 7:44 PM
1 mom liked this

Correct me if I am wrong, but I think that's why you have home owners insurance.   She can sue, but your home owners insurance will be involved, not you.

Anonymous
by Anonymous 2 on Mar. 6, 2014 at 7:44 PM
10 moms liked this

Did you call the police and report him for trespassing?

LokisMama
by Platinum Member on Mar. 6, 2014 at 7:44 PM

It really depends on your local laws concerning trampolines and such. 

The way it was explained to me when we moved into our latest place is that they are deemed 'attractive nusicences' and you are generally liable for anything that happens on them.  

That may be different because your yard is fenced, I'm not 100% sure.

Bump for someone who knows more than me.

Kaelaasmom
by Katie on Mar. 6, 2014 at 7:44 PM
1 mom liked this

 You need to contact a lawyer.

CafeMom Tickers
Anonymous
by Anonymous 3 on Mar. 6, 2014 at 7:44 PM
HoHope you have good homeowners insurance.
bmw29
by spitfire_bobbie on Mar. 6, 2014 at 7:45 PM
That really depends on some things. How tall is your fence, how securely was it latched, what state your in....? You're homeowners insurance may have to pay. It sucks though because he shouldn't have been in your yard.
Anonymous
by Anonymous 4 on Mar. 6, 2014 at 7:45 PM

depends on if your homeowners policy considers it an attraction, and whether or not you took the steps they think is necessary to prevent unforseen accidents.  for example, pools are big on the list.  sometimes, having the pool gate locked is not enough; the insurance policy requires a floatation alarm in the pool or a locked cover.

check your policy, and consult an attorney if necessary.  many do a first time consultation at little or no cost.

AmiJanell
by Silver Member on Mar. 6, 2014 at 7:46 PM
1 mom liked this

I wouldn't pay either.  I guess I would contact whoever you have your home owners insurance through and see what they say about it.

Danesmommy1
by Grammar Enthusiast on Mar. 6, 2014 at 7:46 PM
1 mom liked this
Call the police and have him cited for trespassing.
Heisenberg
by on Mar. 6, 2014 at 7:46 PM
And the problem is many people get trampolines without getting them covered.
Hope you got yours covered op.


Quoting escuchar:

Correct me if I am wrong, but I think that's why you have home owners insurance.   She can sue, but your home owners insurance will be involved, not you.

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