Legal Question in Personal Injury in Georgia

Re: Liability for injuries on a swing set/slide

Generally, a property owner is not liable for injuries to trespassers. However, you are correct concerning the exception known as the "attractive nuisance" doctrine. The attractive nuisance doctrine generally applies to obviously hazardous conditions, where it is foreseeable that a young child would tend to investigate or play. I believe the key phrase here is "inherently dangerous". Examples of conditions which have been found as such are, contruction sites and large abandoned appliances, such as refrigerators. I personally am not aware of a back yard play swing being considered an inherently dangerous condition.

However, you should probably put up signs "no trespassing" or "do not play on swings" as a safety precaution. Or if you know the parents of any of the small children, send them a note advising to keep children off property.

Also, even if your backyard swing is not an attractive nuisance, you may still be liable for injuries sustained by small children. Allegations of negligent maintenance and negligent assembly can make you responsible. So be careful

W. James Moore, Esq.