In live in upstate New York. We recently leased a house that was advertised with a pool. The pool is up and running, above ground and is 4 feet deep. Further, it has a removable ladder, should only be accessible from the deck and access to the deck is restricted through a triple locked door. However, the neighbor's five year old tried to climb into it last night and we happened to catch her through the window. Should something accidental happen (i.e., drowning, broken arm, etc), in a situation like the one above, who would ultimately be responsible? The tenant or landlord?
1 Answer from Attorneys
Both can be held liable. Send a certified mail letter to your neighbor; indicate what happenend and explain you will not be responsible for their inability to supervised their kids and that you will not tolerate trespassing on your property.