ABA Family Legal Guide

Personal Injury

Negligence

Injuries at Your Home and on Your Property

Our children's friends often come to swim in our backyard pool, even though we are not always able to be there. What if one of them gets hurt?

You probably will be liable because you have a legal duty to protect children who are actual or implied invitees from possible harm should they decide to play around a dangerous place on your property. You should make sure an adult is present when children are swimming, though this will not necessarily help you avoid liability. And warning the children that they should not swim without an adult present may not be enough to help you avoid liability if one of them gets injured. Also check with your state or city to find out its requirements for residential swimming pools. Under them, you may have a legal duty to erect barriers or other protective features, such as an automatic pool cover, a tall fence with a good lock that you keep locked, or an alarm on the sliding-glass door from your home to the pool.