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Liability concerns that come with big kid toys
Adults need to blow off steam just like kids need to run out their energy.
Our hobbies can come in many forms from restoring antique cars to zoning out with zen coloring books, we like our toys.
Some big toys, though, carry adult-sized risk that require significant caution and in some cases serious consideration about having them around at all. Pools, all-terrain vehicles, and trampolines are examples of “toys” that can be fun for most ages, but also carry significant liability and risk management considerations. They can be the equivalent of a loaded gun left on the coffee table for the five-year-old to find.
In the case of trampolines especially, the liability may outweigh the pleasure they provide to such a degree that opting out of having one at home makes the most sense.
Trampolines: A world of hurt
Trampolines are responsible for many serious injuries. The statistics are pretty staggering. According to the Journal of Pediatric Orthopaedics, from 2002 to 2011, more than a million people went to the emergency room for trampoline-related injuries. The average age for those with fractures was 9.5 years; 92.7% of the injured were 16 years old or younger, roughly evenly split between boys and girls.
No wonder some of my insurance carriers will not insure a home if it has a trampoline! They know if there is one, friends and neighborhood kids will inevitably be playing on it, creating a high potential for a liability claim against the homeowner. Carriers that do provide coverage will often charge higher rates for doing so.
Safety tip — If you must jump, we suggest sticking with an indoor trampoline park. Keeping a trampoline at home, like a ticking time bomb, is just a matter of time before a liability concern is brought forth.
Swimming Pools: Don’t get all wet
Swimming pools are pretty nice for relaxing on a Southern New Mexico a hot summer day, and even for relaxing by on cool summer night. However, from a risk management standpoint, they are not so attractive, especially if there are young children at home.
According to the Centers for Disease Control, more than 3,500 people a year die in accidental drownings. Children ages 1 to 4 have the highest drowning rates, and most of those occur in home swimming pools.
Unlike trampolines, for most people the benefits of a pool outweigh the liability, especially if you don’t have young children at home. Insurance carriers (and local ordinances) will require fencing with certain height limits that include self-locking gates and other precautions that will prevent unauthorized access to your pool area.
Safety tip — The key to preventing accidental drowning is to ensure those who cannot swim or who are impaired by alcohol are not left unsupervised by the pool. In the case of very young children, turning away, even for a moment, can be disastrous. Ensure there are at least two adults on guard whenever the child is near the pool.
All-terrain vehicles and liability concerns
All-terrain vehicles let you tool around all sorts of places. Even when operated appropriately ATV owners should recognize the concern, like motorcycle owners, for the need to have special liability insurance that provides coverage in the case of an accident.
If you own an ATV, to prevent adding even more risk, do not allow others to drive your vehicle and do not carry passengers beyond what the vehicle is rated for.
Safety tip — Keep the keys to your ATV locked up where curious teenagers (or anyone else) cannot get to them. This is definitely not the vehicle you want taken out for an unauthorized joy ride.
Regardless of the kind of big kid toys you like, an umbrella liability policy is the risk management solution that will cover you should disaster strike. An umbrella will extend your homeowner’s liability coverage by a million dollars or more for just a couple hundred dollars a year. It’s a liability solution that will allow you to play with peace of mind intact.
Material posted on this website is for informational purposes only and does not constitute a legal opinion. Contact your legal representative for information specific to your needs.