Could my parents be sued if a child was to fall from the tree in my parents garden and injure itself? | LawHive - Solicitors & Lawyers Online
Could my parents be sued if a child was to fall from the tree in my parents garden and injure itself?
There is a tree in my parents garden which children from the neighbouring streets climb and play in. Advice required with the following scenarios: 1) if a child was to fall from the tree in my parents garden and injure itself, could my parents be sued? 2) A swing has been erected on the tree by one of the neighbouring child’s parents. The children play on the swing. If the swing was to break or a child to fall off the swing and hurt itself, could my parents be sued? Please advise where my parents stand legally with regards to if a child was to injure themselves on my parents property while climbing/playing in their tree.

Jorge Gildea

23rd April 2022

Top Answer
Nq they could put a sign up if they don't mind the children playing there saying something like play here at your own risk. At least then it covers them if something should happen

Lawrence Henning

23rd April 2022

NQ. If the children are on your parents property, without their permission, I think that would count as trespass. I think erecting some sort of signage warning about the dangers would be a good idea, if you’re parents don’t mind the children playing there. Or they could erect a sign “no trespassing” if they don’t want the children playing there.

Michel Patterson

23rd April 2022

Links Only NO SCREEN SHOTS

Admin

23rd April 2022

NQ law graduate 1) yes, they would be liable under the tort law even if you put up signs as the children have a special status in this field of law and could not be treated as a reasonable adult. 2) I am not sure, but from what I remember I would say 80% the adult who erected the swing is liable. The situation described goes under the law of tort and is regulated by law principles and case law. The adults ( your parents and the neighbour ) have a duty of care for the children who come there. What you can do is to limit the liability of your parents in scenario 2 by having a chat and some paper signed by the neighbour that he’s taking full responsibility for the swing.

Rafael Boyd

23rd April 2022

2 upvotes

Nq - tree surgeon. Yes she would be liable for both scenarios. Chances also say the swing will probably deteriorate the quality of the branch and will almost certainly fail, eventually.

Beth Taylor

23rd April 2022

This page contains user-generated content and is provided for general informational use only. Unless otherwise indicated, answers are provided by non-qualified (NQ) lay members of the public. Please read our Terms for more information.

If you have feedback on this question please contact support@lawhive.co.uk

Get legal help the hassle-free way

We have expert solicitors ready to resolve any type of legal issue in the UK.

Remove the uncertainty and hassle by letting our solicitors do the heavy lifting for you.

Get Legal Help

Takes less than 5 mins