Legal Edge: What happens if an uninvited guest is injured on your summertime equipment?

Michigan

LANSING, Mich. (WLNS) – It’s summertime, so that means trampolines and pools are back in action. But what happens if an univited guest gets injured on your backyard equipment?

“Their liability or responsibility is always dependent on the status of the person who’s on the land. In other words, they have a duty of care that is highest for people that are there for business purposes,” said local attorney Bryan Waldman.

“Like if you invite someone on your property to make a repair or delivery, the next highest standard or the middle standard would be a social guests, inviting a friend over.”

“And then the lowest duty is to a trespasser, which makes sense. They’re not supposed to be on your land. They’re not invited in generally. Someone who possesses land is not going to be responsible for harm or an injury caused to a trespasser, but there are some exceptions.”

If an uninvited adult is injured on your property, you would be on the hook for their injury if there is “egregious conduct” on your part.

Essentially, you have to have the intent to injure someone, such as setting a trap.

As for children, the law is a little different.

Trampolines, pools, and other backyard playsets are known as “attractive nuisances.” If a child is tempted to come play on your equipment uninvited, there may be situations where you are held liable.

However, you can take reasonable action to protect yourself, such as having a locked gate blocking access to your pool or trampoline.

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