Legal Question in Civil Litigation in Ohio

trampolines

My 9 year old son was playing on the neighbors trampoline along with 7 other children, one of them being 17 years old. My son tackled a child and the safety net broke. The neighbor said I have to pay for it. I say no because they are responsible for what goes on in their backyard. I also assume that insurance should pay for this if in deed they do have insurance. They are renters.


Asked on 6/26/07, 7:47 am

1 Answer from Attorneys

Bradley Miller Miller Law LLC

Re: trampolines

Generally, if you cause damage to someone else's property, you are responsible to pay for the damage you caused. The property owners may submit a claim to their insurance company for the damage and get their costs paid, but then the insurance company has a right to come after you for the amount they had to pay to their insured.

I can't tell from your question how easy it is to point to your son tackling the other child as the cause of the net breaking. There were 8 children on the trampoline at the same time, and the weight of all the children could have exceeded the maximum suggested weight for the trampoline, especially if one of the children was 17. There may also be an issue with the manufacturing of the trampoline and net or how the owners put it together since the net is specifically there to keep children inside and so should not under normal circumstances have broken.

With all the questions that could be raised, from a financial standpoint it does not make sense to pay the neighbors anything until they sue. If that happens, you should speak with a lawyer to go over your options and the likelihood of you winning the case.

Of course, if maintaining a good relationship with the neighbors is more important than the money, and if the cost is not too high, it might make more sense to just pay what they are asking.

If you would like to discuss this more or have any further questions, feel free to contact me.

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Answered on 6/26/07, 10:23 am


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