Yes and no. Your liability laws depend on the situation and with who is involved.
Liability laws do apply. Because it is on your property, premises liability laws will apply when it comes to lawsuits. Depending on the type of entrants. There are three major categories:
- Invitee: this is someone who has been invited to enter the owner’s property. Every owner has the duty to have reasonable care to make sure that the invitee does not get injured. If the owner demonstrates reasonable care but the invitee gets injured anyways, the owner is not liable. However, if the person is injured due to the fact that the owner failed to maintain the property, then the owner is held liable for maintenance and repair and the invitee’s injury.
- Licensee: these are people who are allowed to be on the property. People who are generally licensees are partygoers and family members. The owner will most likely have a lower amount of responsibility
- Trespasser: owners have nearly zero amount of responsibility other than children. The owners are responsible for child trespassers. Owners have no duty that they owe towards trespassers only if they are injured with the reason other than self defense.
As stated before, children trespassers are completely a different case. Due to the fact that most children do not know how to swim nor do they know the difference between what is safe or dangerous. As a result, owners are held liable for child trespassers that get injured. The fact is, owners by law, are obligated to have a gated fence that makes it harder for children to access.
The attractive nuisance law requires owners to safely protect their property, for example, pools, constructed sites, tree houses, from children accessing it or maintaining their property.
The age of children that can use the attractive nuisance law varies from state to state.
Owning a pool can hold many responsibilities. From maintaining the pool itself, to keeping trespassers out, it is important that you use “reasonable care” and warn others before they enter your property. A secure gated fence is a must according to the law and it doesn’t hurt to have caution signs.
Tikriti, Amir. "Attractive Nuisance Laws: Liability for a Child's Injuries on Private Property - AllLaw.com." Alllaw.com. N.p., n.d. Web. 09 July 2014.
Boeschen, Coulter. "Premises Liability - Injury Law Overview - AllLaw.com."Alllaw.com. N.p., n.d. Web. 09 July 2014.
Boeschen, Coulter. "Swimming Pool Injuries & Premises Liability Laws - AllLaw.com." Alllaw.com. N.p., n.d. Web. 09 July 2014.