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  1. #1
    Join Date
    Jul 2011

    Default Liability if a Neighbor Enters Our Yard and is Injured

    First off, I apologize if this has been covered before but I didn't see it in my search through the forum. Secondly, I live in South Carolina. The question I have pertains to trespassing and "Attractive Nuisance". Our neighbors have a 12+ foot privacy fence between our house and theirs. Their 11/12 year old practices soccer in the yard and every few days kicks the soccer ball, unintentionally and more often lately intentionally, over the fence. The last time this happened, yesterday, we didn't find it in our yard and now they believe we are intentionally keeping it from them (though he has at least one other because he is kicking it right now) and are going to remove the privacy fence so they can keep an eye on the ball. We are going to try offhandedly mentioning that if he kicks the ball over a 12+ foot fence what is going to keep it from flying over my 4 foot fence. Unfortunately, and not wanting to speak ill of them, between the 6 of them I don't think they have 3 brain-cells and seem to lack an understanding of property lines. So undoubtedly, they will remove the fence and the ball will fly over the fence every 5-6 hours and one of them will possibly jump the fence to retrieve it. I'm worried about my liability if they do, with my three dogs and the possibility that they may break their ankle. Additionally, if anyone could recommend a source of free legal advice and case records for South Carolina it would be greatly appreciated.
    P.S. Mostly, I'm curious if with the history of kicking the ball over the fence and removal of the only real barrier to it what percentage of liability could I expect.
    Thank you for your comments, and sorry my post was so long.

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Liability if a Neighbor Enters Our Yard and is Injured

    What makes you think that the doctrine of the "attractive nuisance" has any relevance here?

    If you're worried about your dogs attacking somebody, make sure that you have a proper fence and signage.

    How do you imagine that they'll break their ankles? Is your back yard full of concealed hazards, pits, or traps?

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