Legal Question in Personal Injury in Pennsylvania

Our neighbors have recently begun hosting a nightly bible study. Their property is adjacent to ours. Several evenings a week, as many as 9-12 children are running onto our property, climbing trees in our yard, and engaging in other hazardous behaviors. At no time are any of these children supervised. Our family is concerned that a child will fall from a tree in our yard and we will be sued by that child's family. The family hosting the bible study has a past history of causing problems for property owners in the community. This family also does not have medical insurance and it is possible that the other families are also uninsured. What would be the most reasonable course of action for our family to prevent a civil action by our neighbors or the other families attending the bible study were a child to be injured on our property?


Asked on 4/13/10, 11:16 am

1 Answer from Attorneys

Terence Sean McGraw Warren & McGraw, LLC

1) Understand that as a property owner, you are not the absolute insurer of those who enter onto your property. Conversely, in Amercia, anybody can be sued, even when the legal basis for the claim is slim.

2) Send a certified letter to your neighbor detailing that unsupervised children are entering your property at these times without your permission and you are afraid they will hurt themselves due to the lack of supervision. Ask that the behavior be stopped and that the children not be allowed to enter your property. This will allow you to argue that the children are trespassers. Landowners owe the lowest duty of care to trespassers.

3) If the letter is subseuently ignored, politely ask the children to leave your property. If they fail or refuse, call the police to report them as trespassers. If the department sends a cruiser, ask that the children be removed. If they do not send a cruiser, hopefully the complaint will be recorded.

4) Make sure that you are adequately insured. Check your homeowners insurance to determine whether it has a medical payment provision. Some policies have this provision. It allows payment of a small amount of medical benefits to someone injured on your property on a no-fault basis. This provision can be used to secure a release and avoid lawsuits. If you do not have that type of provision, consider shopping for a policy with that product.

5) Inspect your property at regular intervals and correct any dangers you find.

6) Document all your actions in a file.

7) Consider building a fence. "Fences make good neighbors."

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Answered on 4/18/10, 12:53 pm


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