How to Stop Kids from Trespassing

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How to Stop Kids from Trespassing

Reviewed by Kara H. North, Managing Attorney at Moxie Law Group. Last reviewed .

How to Stop Kids from Trespassing

Don’t Install Traps

A lot of people believe that trespassers cannot sue the property owner for injuries they’ve sustained if they’re injured while trespassing. This is not necessarily true, especially in instances where the property owner has set up traps to injure trespassers, and/or the trespassers are minors. Children are very rarely considered to be trespassers. Furthermore, if you have something on your property that might be particularly interesting to a child (such as an animal, playground structures, swimming pools, land features, etc.), you could have a higher duty of care toward children in your neighborhood. If you install traps to harm trespassing children, you could face both civil and criminal consequences. Although installing traps may be inadvisable, there are things that you can do to reduce your liability.

Do Install Cameras

If a child does become injured on your property, installing cameras can help reduce your liability, especially if other precautions you’ve taken are visible on camera. For example, let’s say you have a swimming pool in your backyard, and you have a pool cover, fence, and signs warning against trespassers. If you have video footage of your neighbor’s children climbing over the fence, removing the pool cover, and getting in the pool, you may be less likely to be liable for any injuries that the child sustains as you’ve done what you reasonably could to prevent the children from accessing the pool while adults aren’t available to supervise. Cameras may also be able to show a consistent pattern, which may be helpful if you’re reporting the issue to the authorities. Police are less likely to act if there’s only a single instance of the children trespassing on your property, but if you can show a consistent pattern of children trespassing, they may be more able to take action.

Contact the Parents

Contacting the parents—preferably in writing—may also be a good idea. For instance, you could send one of the parents a message on Facebook, “Hey, I have noticed that your child frequently comes into my yard, and I am concerned for their safety because my dog is often tied up in my yard and he isn’t friendly toward strangers.” In the event that the child does become injured on your property, having written evidence to show that you’ve tried made the parents aware of the problem in order to prevent injury, may help prove that your negligence did not cause a child’s injury.

Take Precautions

If you have a condition in your yard that would be abnormally interesting to a child who might not understand the danger associated with that condition, you may want to consider taking additional precautions to dissuade children from entering your yard. If you have a pool, the pool needs to be covered and all pool toys need to be put away when the pool is not in use. Ideally, a fence that could not be scaled by a child should be put around the pool. Animals should be tied to a stationary object, especially if there isn’t anyone who can supervise the animal while in the yard. Having a dog tied to a stake in the ground can allow someone who’s walking through your yard to escape in the event that the dog runs after the intruder. If you have playground equipment in your yard, such as swing sets or slides, you may want to consider fencing in your yard with a fence that a child would not be able to climb easily.

Contact Police and/or DCFS

Sometimes, children running around unsupervised can signal neglect, especially if the children show signs of developmental conditions such as downs syndrome, autism, or some other cognitive abnormality. Children who have special needs may also be less capable of anticipating risks or danger, and they may be more likely to become injured without proper care and supervision. If you suspect that the children who continue to trespass on your property are unsupervised due to abuse and/or neglect, you may consider contacting filing a report with DCFS. Contacting the police about the parent’s failure to keep their child off of your property may also be a step you can take to ensure the child’s safety.

If You’ve Been Injured

If you have sustained injury due to the negligence of another person or entity, Moxie Law Group is here for you. Contact us today to set up your free consultation and get started on your personal injury claim.

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