We have previously allowed them to use our pool, fortunately with no incidents. But with Summer approaching I am reconsidering that decision if it exposes me and my family to additional liability.
Landlord / Tenant Lawyer
Dear Home Owner:
Yes there is great danger. Review your insurance policy. Make certain that the perimeter fence is secure. Be certain that you lock the pool fence gate. Post signs.
The answer provided to you is in the nature of general information. The general proposition being that you should try to avoid a bad outcome if you can.
In addition to the good advice given by other counsel, there is, perhaps a more neighborly approach if you don't mind your neighbors and friends using your pool: a hold harmless and indemnification agreement.
This written consent, signed by the neighbors could acknowledge that there are inherent risks of swimming such as drowning, slips and falls, and that pool is private pool without lifeguards, that use by any children will be supervised by adults on the premises at all times, and any and all risks are borne by the neighbors and they will indemnify and hold you harmless for any claims of any nature by them any third party.
Also, as other counsel have said, check with your homeowners insurer that pool is covered and in compliance with reasonable safeguards and municipal ordinances regarding locked fences to keep young children out and pool alarms if required.
That said, pools are common and with reasonable care they shouldn't be looked at as inherent "attractive nuisances" (trampolines in particular) opening you up to damage claims
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Yes. You have increased liability if you let anyone use your pool whether you are there or not, but allowing them to use the pool when you are not there definitely increases your liability and risk of injury.
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Yes. Sad to say.
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