My question involves an injury that occurred in the state of: Oklahoma
I had some guests to the house. They had a 12 year old son who played with my 12 and 15 year old son.
They were playing tag with some other children.
Anyway, my 12 year old son and 12 year old guest decide to climb up a small tree I had and jump over my 6ft. wooden fence in my backyard. The 12 year old guest broke his wrist.... Before both the 12 year olds jumped, my 12 year old son said TWICE to the other 12 year old "you know we really shouldn't jump". Also my 15 year old son on the ground said to both boys "you guys should not jump". The 12 year old guest said "just jump". Both boys jumped and the guest was hurt.
I do have homeowners insurance, but I'm curious if we are really liable. I can't see in any way how I would be "negligent" or had hazards.... I mean seriously, I just had a regular fence and a tree..... The boys basically made it dangerous. My 12 year old and 15 year old both advocated to "not jump" but the 12 year old guest used peer pressure and advocated to jump. I know the law is funky about minors, but for real, this is reckless behavior and I didn't do anything that would promote an unreasonable danger to these boys. If my sons were saying "may be we should't jump", they both knew better and this guests son knew better. Even one of the guests siblings heard the warning from my sons.
I never dreamed of my tree, my ground, or my fence being an unreasonable hazard that 90% of my neighbors share the exact same thing.
Of course the parents were all gabbing and talking while the children were playing.
What is my liability here. Would this be considered reckless behavior which would release me from liability?
I had some guests to the house. They had a 12 year old son who played with my 12 and 15 year old son.
They were playing tag with some other children.
Anyway, my 12 year old son and 12 year old guest decide to climb up a small tree I had and jump over my 6ft. wooden fence in my backyard. The 12 year old guest broke his wrist.... Before both the 12 year olds jumped, my 12 year old son said TWICE to the other 12 year old "you know we really shouldn't jump". Also my 15 year old son on the ground said to both boys "you guys should not jump". The 12 year old guest said "just jump". Both boys jumped and the guest was hurt.
I do have homeowners insurance, but I'm curious if we are really liable. I can't see in any way how I would be "negligent" or had hazards.... I mean seriously, I just had a regular fence and a tree..... The boys basically made it dangerous. My 12 year old and 15 year old both advocated to "not jump" but the 12 year old guest used peer pressure and advocated to jump. I know the law is funky about minors, but for real, this is reckless behavior and I didn't do anything that would promote an unreasonable danger to these boys. If my sons were saying "may be we should't jump", they both knew better and this guests son knew better. Even one of the guests siblings heard the warning from my sons.
I never dreamed of my tree, my ground, or my fence being an unreasonable hazard that 90% of my neighbors share the exact same thing.
Of course the parents were all gabbing and talking while the children were playing.
What is my liability here. Would this be considered reckless behavior which would release me from liability?
Other Injuries: Would I Lose This Lawsuit Involving Children
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