Neighbor's children constantly on our porch - who is liable in case of injury?
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Neighbor's children constantly on our porch - who is liable in case of injury?
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We just moved into a new second floor apartment, with a large back patio/balcony/porch thing. Unfortunately, the neighbor's patio doors and ours open on to one long balcony that stretches the length of the apartment, with no barrier between her side, and ours.
A few times a week (I don't know if they're hers or not) she has at least 5 or six children under the age of six playing on that back patio while she sits on her couch on her laptop, watching through the screen doors. These children are consistently showing up and playing in front of our screen doors.
On our back patio is a wheelchair (I have some difficult with my legs at times) that they've been told countless times not to touch, but they still come over and mess with.
If the children come over to our side of the porch consistently - despite being told not to - and they are injured, who is liable? Are we responsible because they're technically on "our" property? Is the woman who isn't paying any attention to what they're doing responsible?
I don't like the idea of these kids being unsupervised on a second floor balcony with open stairs leading to the ground floor, and I especially don't like the idea that they constantly come over to our side to mess with things. We'd like to have some plants and furniture out there, but I'm worried about the problems this might cause.
Any suggestions?
Additional Details
Also the woman next door "No speak english" so I can't really explain anything to her either.
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firewomen
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You will be responsible for any injuries. Either secure the wheelchair or take it inside.* I would really try to put a barrier between hers and my apartment.* |
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perfectlybaked
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LOL, "No speak English."
They will know how to, suddenly, when they take you to court for injury.
I would take a hardline towards them. Keep the kids off the porch. Period. |
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Alice The Wondering
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Would you be able to put up a gate? You know, kind of like the kinds you'd buy to keep your toddler out of a certain room or off the stairs? |
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flika
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The porch sounds more like a, "common area."
Regardless, if one of the children is injured playing with the wheelchair you would be liable. I would keep it inside.
Other than that, if they are otherwise hurt while running amuck and unsupervised on this common balcony, it is the responsibility of the parent.
I would also inform the property managers of the situation, they could be looking at some liabilities of their own. |
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Stuart
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You asked: "...Neighbor's children constantly on our porch - who is liable in case of injury?..."
You are.
HOWEVER, because this is a tenant / landlord situation, you can absolve yourself of liability by telling the landlord IN WRITING that you are concerned for the children's safety, and you want the landlord to install physical barriers to keep the children from entering your area of liability.
Once that request is made - depending on what state you're in - the liability transfers to the landlord, or at least partially to the landlord.
Were it me, I'd move the wheelchair inside and purchase a squirt gun, as well as find someone who could translate your concerns to the neighbor.
- Stuart |
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jerry s
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the land lord is responsible.tell the police and when they show up o boy no English well maybe they will do something. |
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Nathan W
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I would file a complaint with the apartments. It might also be a good idea to add renter's insurance onto your car insurance policy for 10 bucks a month until this gets resolved. |
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Martina R
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i would tell the apt. manager becouse you could get in trouble if a child gets hurt. |
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alexis88883
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if they are on your property, you are liable. put a small child's gate to block the 2 sides, then if the kids climb that, they are liable. |
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