Question:
I had heard years ago that there was a law of some sort about
>pools. I heard (mind you, this is just hearsay) that if you have a
>pool, and if you have it fenced off, you are *still* liable if some
>kid drowns, even if they weren't invited. If a kid cuts the fence, makes
>it through the trench and barbed wire, across the minefield, and into
>the pool, where he cramps and drowns, you can be sued and probably
>lose. As someone who would like to move to a warmer climate and have
>a pool, this obviously concerns me. Anyone out there know the law
>about this sort of thing? How far does a property owner have to go?
>If you have repeatedly complained to the police and/or filed trespassing
>charges, does that help your case?
Answer:
The law varies from state to state and usually premises liability law is mostly
case law derived, not statute based. In Illinois, for example, if you had a
fenced in yard and some little yutz decided to climb over your fence and you
had no prior notice that the little yard apes in your neighborhood had a habit
of climbing over your fence to get to the pool .... too damn bad for the little
yard ape. You wouldn't be liable as the general rule is that no duty of care
is owed to trespassing children. On the other hand, if you had seen the little
dears climbing over your fence and plopping in your pool on prior occasions you
would be expected to take reasonable measures to protect them from the danger
because you had notice of the potential problem.
As for your hypothetical .... in Illinois it would be summary judgment granted
for the owner. Owners are not required to turn their property into military
forts to protect trespassing idiots and their sprog.
