Whose liability?

Rachels1979

Wasn't really sure where to put this!

We've recently bought a house and didn't realise that it came with all the local children using our back wall as a seat.

Now, if one of the little darlings was sitting on it and the wall collapsed and they got injured would we be liable?

Thanks

Stephb1986_2

I would say it would be you but if you was to put a sign on the wall saying that if something happened you are not being held liable for it you should be ok?

Steph x

aileth

I think it depends, say if the wall was in disrepair and one slipped on a loose brick, you would be liable. If you put up nails or very slippery fluid to keep them off and they slipped and fell or impaled them self, you would be. If however none of that applies and they cause injuries to themselves by being, well, children, I'd say no, and if any of the darling's parents tried to have you for it, I'd say you could fight them easily and they'd have absolutely no legs to stand on.

I think a wall considered in a good state that collapsed would be an 'act of god' or such. I'd make sure wall is a-ok, and if its not put up a sign saying "warning unstable wall" or such just to cover your @rse

marisco_2

If your wall is in need of some maintenance to stop it from falling down, and meanwhile you are allowing children to sit on it, then I think you could be on dodgy ground if one of them got hurt. If the wall is totally sturdy then a few 'little darlings' sitting on it shouldn't cause any damage or risk injury to them. Why not just pop outside next time they visit you and ask them calmly not to sit on your wall.

Treevo

Yes, in short. How tall is it? If I were you, I'd buy some kind of fence extender (wicker, or trellis etc) that will make it impossible for them to sit on the wall.

FatVonD

I'd go further and have the wall built higher (provided he foundations are adequate of course or then it WILL fall down!)

aileth

Treevo wrote: »

Yes, in short. How tall is it? If I were you, I'd buy some kind of fence extender (wicker, or trellis etc) that will make it impossible for them to sit on the wall.

This worked for us when a neighbour liked to get into our garden over our fence. Make it slightly more awkward, enough so that it puts them off!

Rachels1979

Thanks everyone.

It's about 3ft high, but with a triangular top, and higher columns every metre or so. I'm not sure if that could make it difficult to extend, but ultimately we want to do something like that so we're not so open and could then use the garden a bit more.

If they were reasonable children I'd speak to them, but saying anything could just make it so much worse!

shoppaholic_returns

I would paint the top of it with anti vandal paint, they won't sit on it then! And it's not something that would bother you either,also good for security.

Rachels1979

I think if I put up a sign saying unstable wall or anything like that they'd then be on a mission to make it fall over!

claire16c

I'd just tell them to get off as i wouldn't buy a house somewhere with children that scary near it!

Can you just make it higher as id it's only 3ft then can't everyone see into your garden?