I have a neighbor (a man and a woman) with an in ground pool. Every once in a while, they open their pool up for the neighborhood kids. My son has never gone, but several of his friends have. I just found out from one of his friends that the only way they will allow kids in their pool is if there is someone over the age of 16 to watch them, because they do not.

I personally feel that this is wrong. It is their house, their pool, and they are responsible. I know I sure would feel responsible if it were my pool.

So, my question is, if someone is injured or (God forbid) drowns in their pool, are they not liable?

Is this be more of a question regarding their homeowner's insurance, or a legal question? I am just not sure, but I do know that the homeowner is held liable in many cases of personal injury if it occurs on their property.

By Kate on Wednesday, June 28, 2006 - 06:57 pm:

My friend's father asked his lawyer this question. "If the boy behind us climbs my yard fence, and then climbs my pool fence, and drowns in my pool, am I responsible?" Answer, yes! Even though this child would be trespassing, and even though this guy has TWO fences around his pool (only one necessary in NY), and even though no one would have had a clue this child was sneaking in the pool. I think your neighbors are asking for trouble and I would not allow your own children to go over there unless you go, too. They're being very nice, of course, in offering it up, but it could bring tragic consequences for both them and another family if something happens.

By Ginny~moderator on Wednesday, June 28, 2006 - 09:44 pm:

In this case the legal question is an insurance question. When someone is injured, you sue for money damages, and most of the time the case settles for the amount the insurance offers. Sometimes an award (from a jury or judge) is more than the amount of insurance, and then the plaintiff has to decide whether they want to force the sale of the assets (in this case the home and any savings, investments, etc.) but that doesn't happen very often.

I agree, they are almost certainly liable, unless they make sure that the person watching the others is a trained, certified life guard. Just because someone is 16 doesn't mean they have the training or skills to be responsible for other children. I certainly wouldn't expect a 16 year old to keep a lid on the kinds of horseplay that can lead to tragic accidents.