Question:

Does a posted "No Trespassing" sign save us from any liability?

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Legally, I hate to see anything happen to any kids around here, but honestly they seem to have the roam of the neighborhood. We have caugtht two kids in our backyard for no reason and no invatation. We have a pool and a no trespassing sign. Does the sign alone save us if something were to happen to these kids or is there something else we need to do? I do not mean to sound harsh. We do have 3 children of our own and I don't don't WANT anything to happen to any of the kids around here, but I am constently worried about them coming in our back gate (which is fenced, but not always locked), when we are not home. This worry is especially concerning me because we have caught them back there when we ARE home. I can only imagine what happens when we are not.

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  1. That should be sufficient but in this day and age of ridiculous litigation I would ask an officer or lawyer of the possible ramifications of the children wandering in your yard

    could you imagine if(god forbid) one drowned?

    I'm sure his or her parents would be ready to sue even though there was no fault on your part.


  2. Unfortunately, no it does not shield you from liability!  

    The parents of the trespassers could and probably would sue you if their "little darlings" get injured while on your property.  They would probably even win.

    Best to keep that gate locked!  Is the fence tall enough to prevent easy access to your property?  By keeping the gate locked AND making sure that the fence stays in good repair you can prove that you took "reasonable and customary steps" to prevent unauthorized access to your property.

    The pool should have it's own fence, with a locked gate for the maximum legal protection.  If the worst happens, some trespassing kid drowns in your pool, you want to be able to prove that you took all reasonable steps to prevent such an incident.  

  3. LOL thats a good question... but I would think it should... I mean, they shouldn't be even on your property in the first place, that is just plain irresponsible on their part.

  4. A "No Trespassing" sign may help if you are sued, showing that you tried to warn people to stay out of your yard.  If you didn't have a pool, posting signs would probably be sufficient.

    The danger in having a pool in the back yard is that a child, yours or a neighbor's, may fall in and drown.   Posting a sign that a child couldn't read wouldn't keep them from drowning.  As a responsible pool owner, you need to make sure you keep your gates locked at all times.  Some states have laws about putting fencing around pools to keep kids out.  You should find out if your state has a law like that.  Your homeowner's insurance agent would be a very good person to ask about the laws in your state and what you need to do to protect your family from liability.

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