Legal Question in Personal Injury in New York

protection

i own a 2 family house and my grand children live in the apt. upstairs.in my yard i have a pool and my grand children like to invite there young friends in. i have heard of horror stories where people have been sued when someone was injured on there property or in there pools. i would like to know how i can protect myself legally. can i have something drawn up legally and have there parent read it and sign it to absolve me of any wrong doing so i cannot be sued if there is an injury on my property.


Asked on 6/20/06, 9:51 am

4 Answers from Attorneys

Re: protection

Once an individual is invited to your premises, there are risks and liabilities that attach to you as the homeowner. As a rule, the parents of the children swimming in your yard cannot waive the children's rights to file a lawsuit if they are injured through some negligence attributable to you or your property. You may wish to consult a local attorney regarding defend and indemnification agreements to create a contractual duty by the children's parents to properly supervise their children at all times. While this will not protect you in all instances, it would certainly provide you greater protection.

Best of Luck

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Answered on 6/20/06, 10:07 am
Stephen Loeb Law Office of Stephen R. Loeb

Re: protection

There is nothing you can do that is enforceable as to a limit of liability against children injured on your property. The best defense is proper and constant supervision.

Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.

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Answered on 6/20/06, 10:57 am
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: protection

There are ways to litigate almost all agreements. The best protection is good insurance, in an adequate amount to protect your assets, as well as careful saftey practices, warning signs, not allowing children to be around the pool alone, and the like.

Most horror stories are terrible accidents, and unfortunately, they happen.

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Answered on 6/20/06, 7:40 pm
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: protection

Generally, there is nothing you can do to eliminate the possibility that someone will sue you, if they are injured on your property.

However, YOU CAN LIMIT the liklihood of a suit against you and its success, by doubling your efforts to maintain your premises and the pool environment in as safe a condition, as possible. You should follow all rules and habits reccommended for "backyard pool safety," without taking any "shortcuts."

Good luck,

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Answered on 6/20/06, 9:15 pm


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