Legal Question in Personal Injury in West Virginia

Re: Can I be sued by a tresspasser on my property?

I assume that you want to manage the risk that a child might come on your property and you wonder if it is necessary to provide safeguards to prevent injury. I am aware of no statute which requires a fence such as is often required of the owner of a swimming pool. The standard of care, in the absence of a statute or city ordinance falls under the reasonable man standard, that is, a jury would determine if it were negligence to set up an unattended swingset. My opinion is that a jury would not likley find negligence in such circumstance but there is no guarantee or safe harbor. Such risk, however small, is easily managed with homeowners liability insurance coverage. You should talk to your insurance agent in this regard.