Media, PA asked in Personal Injury for Pennsylvania

Q: We have a Wall and Driveway on our property. If a Child on Bike trespasses and falls off, are we responsible? Thank you.

The Wall and Driveway were added about 30 years ago with the approval of our Upper Providence zoning officials. The Wall is about 6 ' tall and if a Child fell off, they could be badly injured. How can our legal responsibility be determined ?

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2 Lawyer Answers
Elizabeth Tarasi
Elizabeth Tarasi
Answered
  • Pittsburgh, PA
  • Licensed in Pennsylvania

A: Yes if this is a dangerous condition and you know children are climbing on the wall you could be liable. You should post signs to warn of any danger.

Peter N. Munsing
Peter N. Munsing
Answered
  • Wyomissing, PA
  • Licensed in Pennsylvania

A: I would suggest you notify parents whose kids are likely to do the riding that that is a danger, and they are responsible for monitoring their children.

If they are kids who are visitors, a simple "no bikes in that area" to both parents and kids, which is enforced would be appropriate. (It sounds to me like a situation that got out of hand, or where there is one young daredevil who is thrill deprived. Look at how and why it's happening. Are their options, like having a flower bed or other barrier that makes even a 4 year old realize "this is not where I ride my bike"(in addition to being well dug up so any bike being ridden over it will sink in).

But put the responsibility where it belongs--the parents. You aren't a daycare center.

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