and somone drowns in it? even if they jumped the fence or did it without your knowing? just curious, because we have one of those set up pools and i heard through a neighbor that if someone drowns, even if they got there in the pool by going over the fence, that we are liable, as the owners of the house and pool. is this true?
2006-06-12 13:33:58 · 11 answers · asked by jenzen25 4 in Politics & Government ➔ Law & Ethics
Ooo, I don't know. I sure hope not!! That law stinks!!
2006-06-12 13:35:59 · answer #1 · answered by *AstrosChick* 5 · 0⤊ 0⤋
If Texas courts allow what's called an ATTRACTIVE NUISANCE Doctrine, yes. In some states even if you post your front property, you are still liable. In fact, civil suits in most states go through a "merit" phase whereby a judge determines whether or not your case has legal merit, or a snowball's chance in hell. You'd be surprised what ridiculous cases get into courts because some judge felt that one suit party had a liability iota.
Remember the McDonald's "hot coffee" suit?
Better get an armed 24-hour pool guard service if you want to be 100%safe.
OTBPOC
Note: In Orange County, California, drowning is the number one summer months' toddler killer.
2006-06-12 13:43:20 · answer #2 · answered by otbpoc 3 · 0⤊ 0⤋
Unfortunately, the question of liability is what is decided in court. The biggest factor in this decision will go to negligence on your part. If you are in compliance with all laws and ordinances governing your pool, then your exposure as it relates to negligence is very small. Anything is possible, particularly in Texas. The courts here are baffling sometimes, and it is really a crap shoot if it goes to a jury for a decision. The question of insurance will come up, as seen in this discussion. Of course, the attitude of some bloodsucking attorneys is that if you are uninsured and have no real wealth, why sue if there is nothing to recover, vs. a nice fat insurance policy to try and squeeze a settlement / award out of. I think I would keep the insurance myself.
2006-06-12 21:54:49 · answer #3 · answered by Anonymous · 0⤊ 0⤋
You know, I remember reading an article about a couple who had a fenced-in yard with No Trespassing signs posted, and while they were out some kids snuck in and drowned. The little brats' parents decided to sue, and guess what: they won. It doesn't make any sense (shouldn't their parents be, you know, keeping them out of other people's yards?), but yes, you're probably going to end up in trouble if that happens. It might be a good idea to look into walling in your pool (ten-foot brick walls are what I would recommend), with a locking gate. If they can't get in you can't get sued.
2006-06-12 13:43:16 · answer #4 · answered by Not Allie 6 · 0⤊ 0⤋
Yes you are liable.
I once heard a story about a man burglarizing a house and he got injured in the process due to some hazard on the house. He sued the owner and......won.
In this day and age anything is possible. Get some good insurance.
2006-06-12 13:44:38 · answer #5 · answered by Anonymous · 0⤊ 0⤋
You need to check with your insurance company to make sure you are insured for enough to cover an accident.If someone sneaks over your fence then you aren't liable..but if you have a party and someone gets hurt..you will be.
2006-06-12 13:36:29 · answer #6 · answered by Georgia Girl 7 · 0⤊ 0⤋
Not if you have a fence. I remember that in one of our law classes.
2006-06-12 13:36:09 · answer #7 · answered by bugjjo 5 · 0⤊ 0⤋
yes
so if it does happen
drag the body inside the house
plant a gun in the perps hands
and then shoot him and claim in fear of life
you'll get off scott free
2006-06-12 15:32:30 · answer #8 · answered by Anonymous · 1⤊ 0⤋
YES, always keep property liability on your home, if someone gets hurt on your property, you are responsible, your fault or not
2006-06-12 13:37:54 · answer #9 · answered by Pobept 6 · 0⤊ 0⤋
Today, if somebody has a good lawyer, you are liable for ANYTHING.
2006-06-12 13:36:26 · answer #10 · answered by Pancakes 7 · 0⤊ 0⤋