Comments on: Kids Just Want to Have Fun on Their Atvs

By: Diana B

Diana B — Sat, 20 Feb 2010 02:06:59 +0000

"My Dad feels that the neighbors are responsible for their own kids"

Sorry, but your dad is wrong. People are responsible for how they act in comparison to how they are expected to act. That means that the parents are expected to exercise more care than the rest of society w/respect to those kids, but your dad is not off the hook in being expected to exercise reasonable degree of care himself.

"He figures that whatever happens is the result of their own negligence."

Sorry again, but negligence isn't something that's passed down like an heirloom or the deed to a house. If those kids are injured due to some feature of your father's land, there will be an issue as to whether your father 1) knew about that feature and its danger and 2) whether he could have done something about it. Your question obviates the issue of whether your father knew that these kids were there. In short, the law does not make trespass or parenthood a bar against civil (or even criminal) liability.

"I worry that because he knows there are minors trespassing on his property and because he isn't reporting it to local authorities, he's just as culpable as the negligent parents if one of the kids is injured or killed on his land."

Exactly. Why haven't you reported it to the authorities? Have you tried fencing the territory? Posting signs? Trespass does not bar a claim for negligence, but if your father posted signs against trespass with the idea that people would respect those signs, he might be that much less susceptible to civil liability for actions resulting from that trespass (until the kids demonstratd that they didn't care and did it anyway). Try mailing a lot of letters to the authorities and the parents – be polite. You're not trying to get out of a lawsuit – you're trying to warn people about safety issues. If they ignore those issues when you had reason to think that they wouldn't, you've minimized the likelihood of liability.References :

By: me

me — Sat, 20 Feb 2010 02:04:59 +0000

Yes, it is a real legal issue. Unfortunately, landowers are responsible for the safety of tresspassors as well as the safety of those invited onto the property. You could even be held liable if a burglar entered the property and was injured! Now, it sounds like you are already aware of this, but there are special rules regarding child tresspassors. If there is anything on the property that is considered an "attractive nuisance" you can be in big trouble if a child is injured. Now it also sounds like there is some negligent supervision involved on the other end. But that would be for the court to decide. Consult an attorney on the specifics for New York. But also try to convey to your dad that this is a real liability risk. Here are a few links below for you to print out and show to your dad.

http://en.wikipedia.org/wiki/Attractive_nuisance_…

http://www.quarterh.com/legal18.htm

http://definitions.uslegal.com/a/attractive-nuisance/http://definitions.uslegal.com/a/attractive-nuisa… />References : The second link above has info about making the nuisance less attractive, regarding horses specifically. I'd also do signs, put up fences and write a formal letter (certified mail) to give to the neighbors regarding their children's acitons as well as their own. Do all you can to put them on notice and to also make the property "safe." I'd even go as far as putting up some type of barrrier to block the ATVs. And the children on ATVs brings up a whole different legal issue as well, which I won't get into here. It just has the potential to become a big mess, which you already realize. I'm not sure how to resolve this issue, but those are just a few ideas. You should consult an attorney in you state though for sure to find out exactly what you can do to resolve this.

By: Gothic E

Gothic E — Sat, 20 Feb 2010 02:02:59 +0000

The way the laws are now it is a liability, he should be worried.

I understand your dad, I'm sure he wants to get along with your neighbors and doesn't want to look like the mean guy.

But there is a real concern here.

I would start by putting up signs, and telling your neighbors about your concern of them being on your property for any reason.

Even the adults you maybe liable for, so make them all aware that you do not want them on your property.

If they slip on horse dung they can try and sue you, and there are a lot of lawyers willing to help them do it.References :

By: Ed

Ed — Sat, 20 Feb 2010 02:00:59 +0000

Your dad has never faced a Judge like judge Judy obviously. He probably counting on rights and Judges don't look at that just the law. People really don't hold rights anymore at least not their own.References :

By: Responding 2 u

Responding 2 u — Sat, 20 Feb 2010 01:58:59 +0000

You are crazy and are really only concerned about money that is not yours but your father's. You should encourage your father to sell everything he owns and blow the money in brothels. That would make him happy and don't you want your father to be happy?References :

By: shocked

shocked — Sat, 20 Feb 2010 01:56:59 +0000

I was thinking hard about your question, and sympathizing, until you said this:

"I think he's gambling with my sister's and my inheritance, and I'm angry about it. "

But you just sound money hungry, not really concerned.References :

By: tom4bucs

tom4bucs — Sat, 20 Feb 2010 01:54:59 +0000

what provisions for posting the land "NO TRESPASSING" in his jurisdiction?

They may have to go up every 50 feet on his fence line

and yes, report every incursion to local sheriff to document someone was there

We are living in a very different age then we grew up in

CYA applies here, too

all the best and

Happy New YearReferences :

By: snorkweezl

snorkweezl — Fri, 19 Feb 2010 19:52:05 +0000

Who is legally responsible?My Dad owns a small farm in Upstate New York. He grew up in the area in a time when his parents bore legal responsibility for his safety if he was injured regardless of whether the accident happened at home or if he was (as children often do) trespassing on a neighbor's land. He now owns the land himself, and the area is becoming a bit more populated. My parents now have neighbors down the road who feel that their children should be allowed to hunt and ride their snowmobiles and ATVs wherever they want, and since they only have a postage stamp sized lot themselves, that means their kids ride and hunt unsupervised all over my Dad's land. We also have horses, which are very attractive to young kids. It's not uncommon to look out the window and see kids in the pasture with the horses, again completely unsupervised. This of course is annoying since the neighbors have never asked permission to use land that isn't theirs, but I feel it goes beyond merely annoying and poses a real liability risk. My Dad feels that the neighbors are responsible for their own kids, just like his parents were responsible for him, and so while he finds it irritating, he hasn't taken any formal steps to document the problem with local authorities, nor has he spoken to the parents directly. He figures that whatever happens is the result of their own negligence. I, however, am worried that with all the legislation regarding child safety and protection, my Dad is putting all his assets at risk by ignoring the situation. I worry that because he knows there are minors trespassing on his property and because he isn't reporting it to local authorities, he's just as culpable as the negligent parents if one of the kids is injured or killed on his land. I worry that he could lose everything if that happened. I've tried to convince Dad to report it to the local authorities and get it documented in case anything happens, and if need be get a restraining order against the neighbors so he doesn't bear the responsibility of an accident, but he just brushes it off and doesn't want to deal with it. I think he's gambling with my sister's and my inheritance, and I'm angry about it. Am I blowing things out of proportion or is this a real legal issue? Listen, the "inheritance" is not a monetary one. It is one of sentimental value. The land has been in my family since it was built 200 years ago, and I don't expect to see a dime of wealth from it. I just don't want to see it handed over to the neighbors because my Dad doesn't want to deal with the situation.