elderly neighbor coming onto our property when not home

We have an elderly neighbor who keeps walking to the back of our yard. The first few times we were home and got his wife and then drove them back to their house. DH went home to drop something off and found him again trying to dig out bulbs I said I would give him in the fall.

Background history:
They live behind us and to the right. The elderly man either suffers from dementia or is stubborn because he can't walk very well, has stolen his son's car and drove through his own garage into our neighbors yard, drove the car again in reversed and smashed into the house. We have no fence and was planning on installing one in spring because we are having the house sided, then we are putting a driveway in and wanted to wait until that was completed. SO the yard is completely open for him to walk.

My question:
IF he falls or hurts himself in our yard are we liable? I don't want to call the cops to start building a case or put a call to social services but I don't also want to be sued or find a dead old man in my yard (god forbid the guilt i would feel.)

Re: elderly neighbor coming onto our property when not home

Yes, you would be liable if he was hurt or worse on your property.

Have you spoken to his family? What are they doing about it?

I think you need to start documenting this, but I wouldn't know where to start.

elderly neighbor coming onto our property when not home

I keep seeing this about someone trespassing and getting injured on your property and you being sued. I'm not sure that is really true is it? Trespassing is a crime, so getting injured while in the process of committing a crime doesn't seem like something the individual could sue for. To me it's like robbing a bank, and tripping and falling inside on the rug, breaking your leg and suing. Wouldn't work out right?

elderly neighbor coming onto our property when not home

The first few times we got the wife and drove them both back and said we just didn't want them in the yard because we fear they might get hurt because we don't have a stable surface.

Today, dh took him home and told the son and the son doesn't think it's a big deal. So luckily DH got the wife's phone number nad now is dumping it on me to handle this evening. I plan on calling them and informing them we do not want him in the yard because we do not want to be responsible if something should happen and I will be happy to dig up the bubls he wants and drop them off this weekend.

Just don't get it - why wouldn't you keep track of your older parent if he has issues and your stupid ass is home.

Re: elderly neighbor coming onto our property when not home

Because the son is an azz and is probably not interested in keeping his dad safe or is sick of dealing with it.
G-d forbid your elderly neighbor did fall and hurt himself on your property. This same son would probably turn around and sue, even though he said he wouldn't hold you accountable. I don't trust anyone.

Even though the old man is trespassing, you are still liable if he gets hurt.

If I were in your shoes, I would contact the local precinct and find out what can be done to protect yourself and your property. Talking to the son and wife seem to be moot.
Maybe putting up a fence now and not later would be for the best.

I would also consider contacting social services if the police so advise. The old man is a danger to himself and to others.

elderly neighbor coming onto our property when not home

You are not liable just because someone falls or get hurts on your property. You could be found liable if you had a dangerous condition on our property that caused someone to get hurt - but not simply just because someone got hurt

elderly neighbor coming onto our property when not home

Next time he comes on your property call the police while you have him under your control and ask them to take him to a hospital to have a social worker get involved. I would also document with the police the trespass issue. Its not something he could be arrested for, just a ticket...its only a violation, unless of course he hopped a fence to get into the yard and remained there without permission.

Re: elderly neighbor coming onto our property when not home

Can you get some of that mesh "fencing" to rope off the property temporarily?

Re: elderly neighbor coming onto our property when not home

elderly neighbor coming onto our property when not home

i will have to get an estimate and see how much it would be. maybe i can find a handman to bring cost down - we have zero fencing except our back neighbor who has a 4 foot fence.

Re: elderly neighbor coming onto our property when not home

I would talk to the son, and wife, and him directly and state plainly and clearly that you do not want him on your property when you are not home because you don't want him getting hurt.

Remind him that you will come give him the bulbs you promised.

Then, get in touch with the local police and see what they say. Document it all.

And hope that the son watches his dad a little more closely.
Sounds sad actually

Re: elderly neighbor coming onto our property when not home

Posted by BargainMama

I keep seeing this about someone trespassing and getting injured on your property and you being sued. I'm not sure that is really true is it? Trespassing is a crime, so getting injured while in the process of committing a crime doesn't seem like something the individual could sue for. To me it's like robbing a bank, and tripping and falling inside on the rug, breaking your leg and suing. Wouldn't work out right?

Message edited 9/17/2014 5:30:53 PM.

Re: elderly neighbor coming onto our property when not home

As for the OP, I would definitely want to avoid problems with them... Tell the family you do not want him on your property and just dig up the bulbs and give them to him asap. Hopefully that will deter him from returning. It's sad that they don't keep a better eye on him. You have to look out for yourself though.

elderly neighbor coming onto our property when not home

operation bulb delivery done - unfortunately no one was home so left them on the porch. Going to call them up when i see a car in the driveway.

Re: elderly neighbor coming onto our property when not home

Re: elderly neighbor coming onto our property when not home

Call APS.

It's anonymous.

I used to work with this population and it's amazing how many educated, upstanding people in the community are in denial of their family members needing support.

Re: elderly neighbor coming onto our property when not home

yes about APS or every county has unit called the POP unit, they help with issues such as this, or call the police while he is wondering, they will write a report, speak to the family and take it from that point

I don't think he is being difficult it sounds like age related, some families ignore it because they don't want to deal, they don't think its an issue, they don't have a good relation with parent...so many.

Re: elderly neighbor coming onto our property when not home

Posted by Otherme

I would talk to the son, and wife, and him directly and state plainly and clearly that you do not want him on your property when you are not home because you don't want him getting hurt.

Remind him that you will come give him the bulbs you promised.

Then, get in touch with the local police and see what they say. Document it all.

And hope that the son watches his dad a little more closely.
Sounds sad actually