Legal Question in Personal Injury in Missouri

Swimming pool

If my brother-in-law wants to have a party at my house and use my swimming pool, can I be sued if someone gets hurt?

Asked on 6/05/07, 9:34 pm

3 Answers from Attorneys

rajeshwar sharma rajeshwarnathsharma
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Re: Swimming pool

Yes if you were/are not keeping the swimming in-tact and had not inform in this regard to your brother-in-law and his invitees guests. Nobody can sue you if you have informed your brother-in-law and his guests not use your swimming pool.

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6/05/07, 11:38 pm
Anthony Smith LawSmith
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Re: Swimming pool

You are asking two questions; can I get sued and can I be held liable. The former is almost always answered "Yes." There are very few limitations on when person may be sued. Many cases are dispensed with rather quickly and do not go to trial. A couple of attorneys have advised you as to aspects of the "can I be found liable question."

If someone gets seriously hurt, you will probably have a claim made against you. It may be informal, and your home owners or other liability insurance policy may satisfy the claimant. If not, it is likely that you will be sued.

If you are sued, the plaintiff must show that you were negligent or wreckless in some way, or that you intentionally hurt them. If someone tried to see how long they can hold their breath and they have a brain aneurism, you wil not likely be held liable. If that same person gets a limb sucked into a broken pump vent that you have been meaning to have fixed and forgot to tell the party goers about, you probably will be found liable.

Make sure your insurer(s) will cover foreseeable injuries from the pool or other areas of your property. Decide whther you will allow alcohol to be served or brought to the party, and communicate any negative decision to everyone.

Good Luck

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6/07/07, 5:26 pm
Richard McLeod McLeod & Heinrichs
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Re: Swimming pool

Yes. As a landowner, you have some responsibility to any guest, no matter who was directly responsible for the invitation. Your brother may also be responsible, but that is in addition to you, not instead of. Your responsibility is limited - reasonably safe place, reasonable warnings, no tolerance or encouragement of unsafe behavior. But your are not a guarantor of safety. Just because someone gets hurt doesn't make it your fault. If you go ahead with the party, be sure to check with your insurance agent to confirm you have insurance coverage.

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6/05/07, 9:40 pm

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