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Sadly.... yes you are liable for someone getting hurt on any of your property. The rule of thumb is a property owner is supposed to exercise control over anything and everything that is on the property, including but not limited to: holes in the yard, cracked sidewalks, loose bricks, swing set, swimming pool, trampoline, etc. A person who uses your pool, swing set, or trampoline without permission could argue to the Court that the owner (you) should have known that a trampoline would have been an enticing attraction in a neighborhood and so, the owner should have taken precautions such as having a fence around the area with a locked gate. If the person trespassed (i.e. entered the property without permission), the Owner (you) could counter-argue that the person was trespassing. From Court television shows of small claims court lawsuits, the Judge could split the liability between the Owner and the injured party - especially if the injured party was over age 18. The Owner could argue anything from zero liability, to 50% liability, to a liability more against the injured party. Of course, the injured party will be arguing that the Owner should pay 100%.

If the Owner is sued, the Owner could also show documented proof (photos, repair bills) of any damages resulting from the unauthorized use of the equipment. For example, if the foot of a trespasser ripped the canvas away from the support bars on the trampoline, the Owner might be able to argue that the trespasser should pay for the repair or replacement if it cannot be repaired. Remember to either have at least 3 estimates to repair any damages, or bring the receipts for repairs already completed for damage the trespasser caused.

NOTE: This is NOT answered by an attorney, nor do I play one on TV.

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14y ago

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