Legal Question in Real Estate Law in Nevada

Liability with pool ownership?

I just bought a house with a pool in the backyard. The neighbors have four kids, ages 4 through 9.

I know what I was like at that age, and if my neighbor had a pool I would have found some way to get into that pool when the owner was away!!!

My question is: If an uninvited person (and as I said, the neighbors kids would be my primary concern) essentially illegally trespasses into my yard when I am away and gets injured (or worse) in my pool, what is my liability?

I have heard horror stories about burglars getting injured while commiting a crime against someone's property and successfully suing the owner of the property!

I'm not sure about the truth of these, but having a pool in the back yard next door to 4 kids sure seems like an ''attractive nuciance'' to me!

The back yard is completely surrounded by a 6 foot fence. I plan to place ''No Trespassing'' signs on all the gates, as well as locks on all the gates.

Is this enough to cover myself from liability?


Asked on 8/13/07, 10:40 pm

1 Answer from Attorneys
Jim Herbe Black & Lobello

Re: Liability with pool ownership?

You would have to ensure that you take all precautionary steps that a "reasonable person" would consider adequate to protect children from entering your pool when you know they are present. If you take such steps as a pool cover, gate locks, and a 6 foot high fence, you probably have taken enough steps.

If you'd like more peace of mind, contact my office and we could set up a consultation if you'd like to meet face-to-face with one of our attorneys. Typically, we could set up a one-hour consult for $100.00

Best Regards,

Jim Herbe

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Answered on 8/13/07, 11:48 pm


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