Am I liable or able to be sued for someone's child being hurt on our child's playground?
Question Details: I was planning on having a playground for my daughter built in my back yard. However, I'm worried that if one of the neighborhood kids was to get injured on it would we be sued if they did not have permission to be on it.
You are correct. As a property owner, you are liable if a child is injured on your playground equipment whether or not the child had permission to be on your property. Even if the child is a trespasser, you are liable for the child's injuries.
Your liability would include the child's medical bills and pain and suffering, which is an amount in addition to the medical bills.
If the case is settled with your homeowner's insurance carrier, NO lawsuit is filed.
If the case is NOT settled with your homeowner's insurance carrier, you will be sued for either negligence or premises liability depending on the cause of the child's injury.