Risks of trampoline in "public" backyard

[pennyk]

Our new PPOR has a large terraced backyard, including an unfenced section which backs onto a public bushland area. None of the neighbours are fenced, so its like having a large playing field for a backyard. We would like to keep it that way at this stage.

We are planning to put our trampoline and swingset down there. The trampoline is a very large one with a net around it. Its very appealing to jump on! Its not visible from the house.

My only concern is the risk of neighbourhood children getting hurt on it, since it will be accessible, not only to our direct neighbours, but also to people going on bushwalks.

Do you think we should be concerned? Should we put a sign on it to say something like "jump at your own risk"? ........ maybe children play so rarely outdoors anymore that no-one will ever use it!

 

[devank]

I wouldn't. Have you ever seen a public trampoline?
One of my dentist friend told me that trampolines causes the most accidents.

I bought a trampoline simply because the public parks don't have them. However it has net around it and a 'Rule'. The rule is only one child is allowed to jump at a time!

 

[vaughan]

The liability risk is one thing, but the concept of using public land for your personal play area? That's a bit cheeky.

 

[pennyk]

The liability risk is one thing, but the concept of using public land for your personal play area? That's a bit cheeky.

Actually, its the other way around.. its our land, but because its not fenced, I'm concerned about the public using it.

 

[pennyk]

I wouldn't. Have you ever seen a public trampoline?
One of my dentist friend told me that trampolines causes the most accidents.

I bought a trampoline simply because the public parks don't have them. However it has net around it and a 'Rule'. The rule is only one child is allowed to jump at a time!

this one also has a net around it. but we definitely have more than one kid at a time, cause it takes 150 kg.

i want our kids to be able to use it.

But because its in an unfenced area, I'm fairly certain it will be used by other children in the area.

its a reasonably private area... you cant see it from any road. So it would only be used by people going on bush walks or by kids who were in this section of 4-5 houses who also have unfenced backyards in this section

 

[Aaron_C]

Just be careful pennyk. Tort law (i.e. the law of negligence) these days has become a lawyer's picnic filled with ambulance chasers and what-not. If I were you, I would invest in a fence to block entrance to the trampoline by any trespassing kids, whether under your consent or not. It's not worth it and you might not be covered by insurance for any injury that occurs.

 

[weg]

Actually, its the other way around.. its our land, but because its not fenced, I'm concerned about the public using it.

Personally, I'd put it close to the house - no confusion that way about it being on personal property.

If your nets are up and it's in good order I don't see the problem, unlike a swimming pool, which you're legally obliged to fence as per council regulation.

 

[pennyk]

Personally, I'd put it close to the house - no confusion that way about it being on personal property.

If your nets are up and it's in good order I don't see the problem, unlike a swimming pool, which you're legally obliged to fence as per council regulation.

it wont fit anywhere closer to the house unfortunately (the pool is in the way! ... its fully fenced ).
We can certainly position it so that its clearly on our property. A fence is not really practical/possible at this stage.
Maybe we'll need to put a sign on it to keep people from using it.

 

[knightm]

would a "private property" sign at the edge of you land be adequate?

 

[Aaron_C]

would a "private property" sign at the edge of you land be adequate?

Well I'm sure the little kids who would most likely be injured by such a trampoline wouldn't be able to read the sign, and even if they could, they wouldn't care.

 

[Rolf Latham]

Im with Aaron on this one

DONT, or fence properly

ta
rolf

 

[knightm]

Well I'm sure the little kids who would most likely be injured by such a trampoline wouldn't be able to read the sign, and even if they could, they wouldn't care.

I am talking about having a defensible position if you ended up in a courtroom.

I for one don't think Australia is as far down the rediculous litigious end of USA type hype and if your trampoline is on your property I am unsure that you have acted negligently in any way. I am not a solicitor, just a reasonable person (well, sometimes reasonable)

 

[devank]

if your trampoline is on your property I am unsure that you have acted negligently in any way.

Well... I would say you are negligent if
- your property is opened to public park
+ you place an item which is attracted to young kids
+ that item can cause damage
+ you know the risks

 

[weg]

Well... I would say you are negligent if
- your property is opened to public park
+ you place an item which is attracted to young kids
+ that item can cause damage
+ you know the risks

But someone can stumble on uneven ground or fall over a pot hole on your block, or step on glass or a nail in the grass and injure themselves (that someone else dropped).

Or they could break into your house and trip over items which were not in their proper place, or where a person wouldn't expect them to be, and they could try to sue you.

I think if you're reasonable in judgement (like I suggested in having it near the house), havent committed an offence/breached laws, it's has the nets up and it's in good condition, it's probably is no more negligent than those other things mentioned.

Doesn't public liability cover this sort of thing anyway?

penny, my kids love their trampoline (the big one still gets on it at 19 ), so I can understand your dilemma.

 

[jaycee]

I am talking about having a defensible position if you ended up in a courtroom.

I for one don't think Australia is as far down the rediculous litigious end of USA type hype and if your trampoline is on your property I am unsure that you have acted negligently in any way. I am not a solicitor, just a reasonable person (well, sometimes reasonable)

The original poster, just like you, is also unsure, hence the post & discussion to try & find out either for sure, or a comfortable solution.

I dunno the answer either,.

 

[vaughan]

OK... I have the PERFECT solution.

Buy the trampoline, put it on the PUBLIC land -- but make sure nobody sees you, so the trampoline just appears there overnight. Then when YOUR kids get hurt... take the council to the cleaners!

 

[pennyk]

OK... I have the PERFECT solution.

Buy the trampoline, put it on the PUBLIC land -- but make sure nobody sees you, so the trampoline just appears there overnight. Then when YOUR kids get hurt... take the council to the cleaners!

excellent idea!! I like that one.....

 

[weg]

Now thats what I call thinking outside the square .