Legal Question in Personal Injury in Ohio

If the jungle gym was given and not sold it is considered a gift. If there was a defect in the jungle gym that was hidden and not disclosed by you at the time of the gift that might create an issue. If the jungle gym was old and there were no defects that one would not otherwise expect to encounter in a recreational piece of equipment, it is unlikely you would be held liable. If the child's injuries had nothing to do with the condition of the gym and was just caused by the child's play on the equipment and you had nothing to do with supervising the child then there is little chance that a court would find you at all responsible. Obviously you could be named in a lawsuit but it is my opinion that any such claim would not survive a motion to dismiss by your attorney. To be entirely safe and cautious I would suggest discussing this issue with your home owners insurance agent to determine if you would be defended by the insurance company in the event a claim is made against you. Normally the insurance company would defend you at no cost to you and would likely assert the defenses I have outlined and perhaps additional one. Hope this helps.

Howard Mishkind

www.mishkindlaw.com

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