9:16 AM, 30th May 2023, About 4 months ago
Hello, We rent an annex to our property, which has access to our garden. It is not possible to block this, but we have always had a verbal agreement with tenants that they have use of a private fenced off terrace outside their kitchen but not the main garden. Never had a problem.
In the main garden we have a large trampoline, partly sunken, with around a 12″ gap around the side between ground surface and trampoline surface. We’ve had several single divorcing fathers as tenants whose young kids visit.
In the past we’ve always been happy for the kids to use the trampoline – and it’s really impossible to stop them! On one occasion a child slipped into the gap at the edge and partly into the pit – which tends to be rather nettly, you can’t get in there. No problem, dad pulled her out.
So, we are wondering: should we ask tenants to sign some form of disclaimer so that if a child was hurt we would not be liable?
What’s the legal position – would such a thing carry any weight?
We can’t put an enclosure round the trampoline due to planning covenants, and in any event it would be very intrusive.
We really want these occasional children’s visits to be happy and are delighted to see them bouncing, but we need to be sure we are not at risk of legal action in case of injury.