Legal Question in Real Estate Law in Michigan
Responsibility for Trespasser Injuries?
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Located in the State of Michigan
Hi,
I own a home on a hill with a steep (70 degree) horseshoe driveway which is visually blocked by 3 large Blue Spruce and 2 Red Maple trees. The driveway has been a constant temptation to children on bicycles... whenever I have seen one in my drive I have warned them of the traffic danger as well as spoken to their parents. This is how I have successfully handled the problem for over a decade. It is a major concern to me because a few houses down to the west of my home is a licensed in-home daycare... from about 4-6pm (M-F) parents are picking up their children from this daycare.
Recently, a new family has moved into the neighborhood (I believe somewhere on the next street)... their son (who looks to be 8 or 9 years old) is constantly in my driveway on almost a daily basis. I have asked him to stay out of my driveway, explained the traffic danger as well as shown him the massive blind spot to both driver and bicyclist. Due to the driveway's steepness it is impossible to stop a bicycle without going across the street into my neighbors drive. Since I do not know where he lives... I cannot address my concerns and the issue with his parents. He does not wear a helmet, and I fear for his safety because heavy traffic is on my street in the afternoon. I've spoken to my Subdivision Association President; however, since the boy does not live within the subdivision... we're kind of stuck between a rock and a hard place. Any suggestions on what I can do? And when (I'm not even going to say if because unfortunately his wreckless behavior tells me he's going to get injured) he hurts himself am I liable?
Any guidance you can provide would be greatly appreciated. Thanks
1 Answer from Attorneys
Yes, it sounds as if you have an attractive nuisance, and you know it. You have bushes that prevent an oncoming car from seeing a kid on a bike zipping out of your driveway, and this is an accident on its way to happen.
Either cut back the trees and bushes, or put a gate across the ends of your driveway to keep kids off. Property owners have a duty to correct dangerous conditions that they KNOW could cause an injury to a trespasser (loose floor boards inside of a vacant home, deep holes hidden by brush, etc).
Children are protected as a matter of public policy, from property owners who maintain an attractive nuisance (such as a pool), in this case a driveway that temps the little-evil-knievils in your area.
If this kid gets hit, you are already on record with many persons in your subdivision who will testify that you were aware of the hazard...so now you must act to correct the problem, asap.
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