We’re considering building a skateboard ramp in our backyard. (Ok, my husband is, I’m just rolling my eyes)
I’m curious about laws regarding personal liability - it would only be for us and my brother in law and one friend to use (all over 30 and very very good skateboarders) - NOT the neighborhood kids. I always hear stories about if you have something such as a trampoline, swimming pool, whatever, that would cause someone to be ‘tempted’ to use without your permission - even if you have ‘no trespassing’ signs, if they come in anyhow and get injured, you’re liable.
I’m sure there has to be some way to CYA on this. We have a fence around the backyard, but it’s only a 3’ chain link - not locked at one gate. I’d think that would be enough - it’s OUR yard, but something tells me that’s not right. Does anyone have experience with something like this? What needs to be done to prove we tried to keep it secure?
(FWIW, YANAL, YMMV, check with your local laws, etc) I’m just more looking for a starting point - see if it’s really that bad before we start seriously pursing looking into it.
I think (and IANAL, so let one of the pros give a more authoritative answer) that the term “attractive nuisance” is used almost exclusively to persons who leave something that the hypothetical “reasonable man” ought to know will be interesting to kids and/or provide shelter for vagabonds, etc., open for public access without any attempt to prohibit access.
Your fence and “no trespassing” signs make it clear that you’re not making it open to the public. If I had a fast computer sitting in front of a picture window in my home, would you feel welcome to come in and use it in my absence? If I had a barbecue pit and picnic table in my backyard, would you consider that an invitation to drop by and have yourself a cookout while I’m gone?
The “reasonable man” stance simply says that kids will be tempted to do things, but if you’ve tried to make it clear that they have no business on your property in ways that a court would agree a reasonable child ought to recognize, then you’re in the clear. IMHO, you have. (But I wouldn’t bet the results of a possible lawsuit on my HO in your shoes; get the advice of a lawyer who knows the courts in your area. Unless you happen to get a lazy non-researcher or a real money grubber (both of whom exist but are thankfully a small minority among lawyers), his advice will be worth multiple times what it costs.)
Smashed Ice Cream, e-mail the moderators to get one copy of your OP closed. They won’t mind doing it, honest.
As to your skateboard ramp, you might consider some method of making the ramp unusable to others when you’re not there. For example, stretch several lengths of chain across the ramp surface and padlock them to eyebolts you install in the sides of the ramp. The chain would make the ramp unusable to intruders, but would be easily removed when you yourself want to skate. Attach some brightly colored strips of cloth to the chain to make it clearly visible to even the most slack-jawed teenage miscreant.
There’s no such animal as a “reasonable child.” Unless you make it impossible for a child to use or abuse it, you may run into trouble. The very nature of this theory is that children cannot reasonably think and if they see something attractive they will go for it. You really have to check the statutes and case law in your state.