Legal Question in Civil Litigation in Florida

I have a bus stop issue. There is a bus stop on the corner behind my home. However the parents of the children refuse to allow their children to stand at the designated stop due to safety. They are currently telling their children to stand on the sidewalk on the side of my house. I am very uncomfortable due to the potential liability. What are my rights in this situation. Thank you.


Asked on 9/02/09, 11:36 pm

2 Answers from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

So what is wrong with someone standing on the sidewalk. Typically, that is not something that you have any right to control. I don't see any liability.

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Answered on 9/03/09, 8:57 am
Sarah Grosse Sarah Grosse, Esquire

Is the sidewalk your property? Community property, or government property (an easement)? If it's your property, your homeowner's insurance will cover you if a kid falls down and hurts himself on your sidewalk and they sue you. A sidewalk is not normally a hidden danger for which you would be responsible if someone just slips and falls on it (even if that someone is a tresspasser or an invitee). If it is your property, you can tell the kids not to tresspass. But, to put the kids out where it is not safe (off your property) seems unnecessarily mean unless you have some really good reason to do so. I do not foresee that you could have liability here. Perhaps ask the parents to sign a release stating that if their kids hurt themselves on your sidewalk, you are not responsible for their injuries.

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Answered on 9/08/09, 8:51 pm


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