Neighbor Girl in the Driveway.

Updated on July 15, 2011
J.G. asks from Rochelle, IL
13 answers

We live in a quite-ish neighborhood and most people kind of keep to themselves but are friendly, and no one is really a bother. Sometimes when we are outside on the weekends the neighbor girl comes out and plays with my daughter. (My daughter is three and I think the neighbor girl is about 6 or so) She is a nice girl. I've met her father, and have seen her mother, but have never talked to her. Here is my issue, she was over one day and said something about that she would play in our driveway while we weren't home. We don't keep things in our driveway because I always pull my car into the garage, so there is no risk of her hurting herself in our driveway from debris, but she rides her bike there or her little razor scooter while we are not here, and, I believe, it is when her father is out on the other side of their house working on cars. Obviously I am not totally sure what is going on as we are not home when it happens. I guess my question is, if she were to fall in our driveway while we are not home, and hurts herself, would we be liable for her injuries? I already asked her to please not play in the driveway while we are not home, but I don't know if she still does not.

Just as a little edit, this might make a difference, we don't own this home, we are just renters. I don't really know if that changes any thing.

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R.D.

answers from Richmond on

Can't she play at HER house?? Just tell her no, and maybe drop a note in their mailbox letting the parents know you're not comfortable with this. This way, everyone's aware, it's documented, and they couldn't do anything anyway. Those parents should have a closer eye on their kid. How do they know you're not going to pull in the driveway one day drunk and squash her? I'm not saying they would, but same as you don't know them, they don't know you.

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F.H.

answers from Phoenix on

i'm an insurance agent in az. the fast answer is yes, you "could" be liable if they were to sue you. i would talk to her parents and mention it to them. good luck.

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S.H.

answers from Honolulu on

Yes, probably.

Speak to her parents about it.
Tell them, she is not to be on your property.
Whether or not you are home.

Don't just tell the girl, tell the parents.

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K.N.

answers from Boston on

I guess I'm in the minority here, but I just don't see it as a big deal.

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E.B.

answers from Denver on

This is a different issue than having a trampoline or pool in your yard, unprotected. There is a huge possibility that children would be attracted to that and you would be required to have some sort of protection around it (a fence or whatever). However, a driveway is not the same thing. You can't be expected to assume that kids would be attracted to your driveway, unless you have a crazy driveway with skateboard ramps and lights and a go kart track or something wild like that.

I would contact your homeowners insurance company and tell them that you have informed your neighbors that their child is not to play in your driveway when you're not home and she's not supervised. Put it in writing (to your insurance company, I mean; and save a copy). But tell the company that this has happened more than once, and mention that the trespassing doesn't involve a swingset or pool, just your ordinary driveway. The insurance company may have information for you that could put your mind at ease.

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D.B.

answers from Charlotte on

.

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S.S.

answers from Chicago on

I would not really worry about this if I was you unless she is climbing a fence to get into your yard. when we were kids we would ride our bikes down 3 houses and then turn around in another neighors drive and back to ours. an endless loop. its not much fun to ride in a circle in your own yard lol. the kids i nanny for now do the same thing up a few houses and then turn around and back they come.

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D.K.

answers from Sioux City on

I wouldn't have an issue with it as long as she is respectful of your property.

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T.S.

answers from San Francisco on

I don't see how it could be a liability issue? If someone was walking down the street and they happened to trip and fall in your driveway how would that be your fault?
If you are not home and she comes on to your property uninvited isn't that trespassing?
I wouldn't worry about it, other than to let her parents know that you prefer her not to play there when you're not home. Personally, it wouldn't bother me.

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J.G.

answers from Springfield on

I'm not exactly sure how this works, but it is something to look into. My husband loves snowmobiles and riding through fields and such and grew up on 4 acres surrounded by fields. He and his brothers and friends would go riding through the neighbors fields. They talked to the neighbors about it and the neighbors specifically told them they did not have permission. It was explained to me that their neighbors didn't actually care, but if asked by an insurance agent or lawyer would say that permission was not given thereby relieving them or responsibility.

Like I said, this is just my understanding, so I don't know if it's actually true. I'd do my best to find out, just to be safe.

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V.W.

answers from Jacksonville on

I would tell the parents, not just the girl. I have had to do this with our yard too (we have a rope swing on a big oak tree). The kid doesn't play on the swing-- just swings IT with his arms. Boring really. BUT, I don't want him on our property when we aren't home.

Just nicely tell the parents that you don't mind "jenny" being over playing with your daughter, but she is invited ONLY when your child can be outside playing. When no one is home, she needs to stay off your property.
Seems like common sense to me. I don't WANT my kids at someone's house when they aren't home. If something got broken while they weren't home, even if it wasn't broken by my child (some other kid that came around or the wind or a thief/criminal, whatever), my kid might be accused. Plus common sense about your kid's safety...

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J.S.

answers from Hartford on

Even having told her and her parents, if she got injured on your property you could liable for the injuries if they were serious but they would also take it on a case by case basis and take circumstances into account.

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S.S.

answers from Chicago on

If you have a pool in your driveway and she decides to give it a whirl, drowns in the process, then you could be liable. That is called an 'attractive nuisance'.
Many states have code requiring fences around pools or other 'attractive nuisances' that could be dangerous -like a trampoline. A lot don't really enforce that. Your driveway, (or your not driveway as you are renting the house) is simply there and therefore part of the property but not an invitation from your description. However if there were teenagers on the block who use it to buzz in and out of I'd make a point of letting them know that's a bad idea as you never know when your child or even you will be in the driveway. The other thing you said is that it is empty. One time I didn't know a child through his bike behind my car in someone's driveway and I backed over it, not seeing it on the ground. His father was a police officer and made him pay for it! I couldn't believe it-to say it truthfully, good learning lesson and I was afraid for me!! And fortunately it wasn't a child.
Everyday there are driveway accidents. I would of course go tell her dad if you are uncomfortable, but if she is doing this when you are not home and I believe there are also fencing laws where you CANNOT fence around a home so you can't block the driveway and therefore you can't be liable.

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