Liability when kids hop your fence?

Supafly · Guru

Liability when kids hop your fence?

Lizzy · Guru

Laura, I found this blog which states: Maryland does not give a land owner a duty to a trespasser, even one of tender years, except that the land owner cannot willfully or wantonly injure or entrap a trespasser. See BGE v. Flippo 348 Md. 680 (1998) citing Murphy v. BGE, 290 Md. 186 (1981) overruled on other grounds. In addition, since Maryland is a Contributory Negligence state (see our March 11, 2011, article for more information on this legal theory), the law in these types of cases is very fact sensitive even if the child is classified as a non-trespasser.

Supafly · Guru

Thank you Liz! That is great information, and just what I am looking to know. Sad I even have to worry about it...

Lizzy · Guru

Supafly wrote:
Thank you Liz! That is great information, and just what I am looking to know. Sad I even have to worry about it...

yeah, what a pain!! too bad you don't have a dog ;)

Supafly · Guru

Ha! Yes, the kids would love that too! It really upsets me. I mean I get that it is attractive to them, and they have no guidance at home, nor do they have direction. They are kids who are stuck in bad situations, and they are being taught the wrong things.

But the attitude. It makes my blood boil. I see it so much with kids around here, and I get where it comes from, but it just makes me mad. And now that Anna is school aged, it just feels like the crapiness of this neighborhood is closing in around us. I know they will be exposed to a lot of things in school regardless, but there is a difference between that and living amongst it. I am just frustrated we haven't been able to move on yet and provide our children with a more positive environment to call home.

Lizzy · Guru

Supafly wrote:
Ha! Yes, the kids would love that too! It really upsets me. I mean I get that it is attractive to them, and they have no guidance at home, nor do they have direction. They are kids who are stuck in bad situations, and they are being taught the wrong things.

But the attitude. It makes my blood boil. I see it so much with kids around here, and I get where it comes from, but it just makes me mad. And now that Anna is school aged, it just feels like the crapiness of this neighborhood is closing in around us. I know they will be exposed to a lot of things in school regardless, but there is a difference between that and living amongst it. I am just frustrated we haven't been able to move on yet and provide our children with a more positive environment to call home.

that sux, laura! and believe me, i know about a crappy neighborhood. can't wait to move to springfield. how is the neighborhood at the house you are thinking of buying?

Supafly · Guru

Lizzy wrote:
Supafly wrote:
Ha! Yes, the kids would love that too! It really upsets me. I mean I get that it is attractive to them, and they have no guidance at home, nor do they have direction. They are kids who are stuck in bad situations, and they are being taught the wrong things.

But the attitude. It makes my blood boil. I see it so much with kids around here, and I get where it comes from, but it just makes me mad. And now that Anna is school aged, it just feels like the crapiness of this neighborhood is closing in around us. I know they will be exposed to a lot of things in school regardless, but there is a difference between that and living amongst it. I am just frustrated we haven't been able to move on yet and provide our children with a more positive environment to call home.

that sux, laura! and believe me, i know about a crappy neighborhood. can't wait to move to springfield. how is the neighborhood at the house you are thinking of buying?

It is tough. Honestly, this was a great place to start off, and even with young kids, it has been great. The trouble really has just been now that we have a school aged child. The kids in the neighborhood tend to be drawn to our area down here-because we have a nice common area, and we are right by the woods with the trails and all of that. We are generally friendly down here, which is something they aren't that familar with either. And on the one hand, I WANT to be able to be nice and have them over and let them see that not everything in the world is bad or hard. But when they knowingly do stuff like this-or they show that attitude that I just plain do not want to see mirrored in my own kids, it gives me pause. I DO have to consider my own family first. It really is a lose-lose situation.

The house we are investigating is in a nice neighborhood. It is older (1995) and people don't sell often, so I am not sure how many young kids there are, but the people are all very friendly. There were a couple of neighbors out when Bill and my dad were looking at the exterior, and once they found out he was related to the farm, he was like the Golden Child. The community isn't terribly big-it consists of the cul-de-sac where this house is located,and another 2 streets that are joined by a path and a rec area. And of course, it is right by the farm. Most of the ajoining communities are also nice-there is one area down the road that is pretty depressed, it is mostly a hispanic community. Nothing really wrong down there, but there is a great deal of poverty down that one street. And of course, if it doesn't work out for this house, we will likely build, which means we would be surrounded by family. That has its good and bad, of course!!! Isolating in some ways, but nice in others.