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
This answer is provided under the Avvo.com “Terms and Conditions of Use” (“ToU”), particularly ¶9 which states that any information provided is not intended as legal advice or to create an attorney-client relationship between you and me or any other attorney. Such information is intended for general informational purposes only and should be used only as a starting point for addressing your legal issues. In particular, my answers and those of others are not a substitute for an in-person or telephone consultation with an attorney licensed to practice in your jurisdiction about your specific legal issue, and you should not rely solely upon Legal Information you obtain from this website or other resources which may be linked to an answer for informational purposes. You understand that questions and answers or other postings to the Site are not confidential and are not subject to attorney-client privilege. The full Avvo ToU are set forth at http://www.avvo.com/support/terms . In addition, while similar legal principles often apply in many states, I am only licensed to practice in the State of New York and Federal Courts. Any general information I provide about non-New York laws should be checked with an attorney licensed to practice in your State. Lastly, New York State Court rules (22 NYCRR Part 1200, Rule 7.1) also require me to inform you that my answers and attorney profile posted on the Avvo.com site may be considered "attorney advertising" and that "prior results do not guarantee a similar outcome".
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.
This e-mail may contain confidential or privileged information. If you are not the intended recipient, please notify the sender immediately by return e-mail and delete this e-mail and all copies and attachments. If you are not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. IRS Circular 230 Notice: Unless specifically stated otherwise, any tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. Unless specifically stated otherwise, this communication shall not be deemed to be legal or tax advice, and no attorney-client relationship shall be deemed to have been created.
Yes. Sad to say.
This is not legal advice. I am not your lawyer. You are not my client. You cannot rely on my response to your question. My response to your question is probably worth exactly what you paid for it. You don't get to sue me for anything. If you'd like to sue me, well you have to hire me first. Here's how you can hire me! #1 Call: 1-888-463-2843 #2 Email: email@example.com #3 See me on TV! www.woodtv.com - go to the Ask the Expert tab! #4 Listen to my radio show (2 full hours every week!) www.woodradio.com - go to the podcast section.