Legal Question in Personal Injury in Ohio

liability with backyard pool

Is it true that it is the homeowners responsibility for ANY injury involving a pool on their property? What if the property is fenced with a self-locking gate and someone wanders onto your property without your knowledge when you are not home?


Asked on 5/09/08, 1:46 pm

1 Answer from Attorneys

Howard Mishkind Mishkind Kuwlicki Law Co. L.P.A.

Re: liability with backyard pool

If someone trespasses on your property your liablity is extremely limited. The issue of whether the fence was properly maintained and the age of the trespasser are material issues. Most of the time, a trespasser, someone that was not invited onto your property that enters your property and is injured in a pool that is properly maintained, especially with a gate there would be limited if any liability for injury. Check with your insurance carrier but they will advise you as to whether they will pay for medical bills and will provide a defense regardless of the potential liability.

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Answered on 5/12/08, 10:40 am


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