Legal Question in Real Estate Law in Illinois
Our dog accidentally got out of our fenced in yard. Our neighbor called and told us she almost drowned in their pool and now they say she put a quarter sized hole in the liner. They expect us to pay $400 for a new liner and installation. They have an unsecured above ground pool. No fence or anything. Our town has no ordinances for pools. There is a dog leash ordinance. But its not enforced in our small town. Everyone allows their dogs to roam freely. We do not, in our case this was a total accident. How much are we liable?
4 Answers from Attorneys
Based on the information provided, you are responsible for the cost of repair.
Unless a jury believed your neighbor was somehow negligent, which I don't see, 100%.
Not sure I agree with the other attorneys. If, rather than a dog almost drowning, someone's child wandered over there and did drown, do you think the pool owners would be successful in suing the child's parents for damage to the liner caused by the child trying to get out? Not likely. Do you think the pool owners better have some darned good insurance for having an unsecured pool? Absolutely.
It is simply unreasonable to have a giant vat of water without a mechanism to restrict access to it, whether there is an ordinance or not. Children, and pets, wander, and always end up where they should not be. That is just common knowledge.
Two thoughts: if the hole is that small, it can probably be patched for next to nothing and/or the two of you could split the cost of repairs, since you both are likely at fault in some degree.
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