liability property
Neighbors trampoline on my property
<p>We live in a community with small yards and restrictions on putting up fences in the yards.  Recently, my neighbor assembled a trampoline and I'm sure it's a couple of feet on my property.  I'm not worried about a few square feet of yard, since our kids play together all the time, but I am worried that I may be liable for damages if one of our other neighbor kids was hurt on said trampoline.  This is in Illinois, USA.</p>

<p>I know trampolines are red-flags, and would not have one in my yard, but since it's obvious who's trampoline it is, how much risk am I assuming with this situation?</p>

<p>EDIT:  So technically the lots are organized under a "condo" association, and we most definitely have a HOA.  Tramps are not addressed since they would not be considered "permanent" fixtures.  My swing and slide playscape <em>did</em> need to be approved.  No biggie.</p>

<p>Also, Insurance company informed me that I am not at risk in the current state of things.  If it was all on my property or was operated as "my trampoline" it would be a different matter.  ( I do intend to get that in writing  :)  )</p>

<p>Check out this article on "Attractive Nuisances"</p>

<p><a href="http://realestate.findlaw.com/owning-a-home/dangers-to-children-attractive-nuisances.html" rel="nofollow">http://realestate.findlaw.com/owning-a-home/dangers-to-children-attractive-nuisances.html</a></p>

<p>Here are some of the general requirements of something being an "Attractive Nuisance"</p>

<ul>
<li>A potentially dangerous condition exists on the property </li>
<li>The landowner created or maintained the potential hazard (this one is important since you did not create nor maintain the potential hazard)</li>
<li>The landowner should have known the condition would attract children</li>
<li>The landowner should have known the condition could harm children</li>
</ul>

<p>Generally, a landowner is not going to be held liable for the injuries of a undiscovered trespasser. Consider that word undiscovered. (aka, the landowner doesn't know someone is sneaking in and using the trampoline) </p>

<p>However, if a landowner knows that trespassers have been on his/her land, then these persons are discovered trespassers to whom the landowner owes "the duty of ordinary care to warn of danger."</p>

<p>What all this means? Anyone can always be sued for anything. If the kid jumps badly, lands on your property, gets hurt, they might have a case or the judge might see it your way. Perhaps consider the laws of "Attractive Nuisances" and "Discovered Trespassers".</p>

<p>To note: A lot of people might say that you can't be held liable for something like this, but that is slightly false. As a property owner you CAN be held liable for anything that happens on your property. Including someone trespassing onto your property without your permission, even to commit crimes, and hurting themselves in the process.  Many court cases have ruled in favor of the law-abiding landowner, but that's not to say there is a guarantee of this. The best thing to do is always minimize your risks.</p>

<p>You have another worry: Adverse possession. If it is on your property openly and notoriously for a period of time (depending upon the state) it become your neighbor's property.</p>
