Getting a hot tub or a pool can be so much fun for the family. A place to relax and enjoy life. Unfortunately, they can be a bit of a liability, too. What happens when someone slips and falls on your deck or has an accident that involves your hot tub or pool? What about a child trespassing on your property and going for a swim? The term attractive nuisance comes to mind immediately.
The attractive nuisance doctrine says that the person who owns the home can be held liable for a child who is trespassing on the property and becomes injured by something that is attractive to that child. The child doesn’t understand the risks of swimming in your pool without adult supervision. They just think that it would be a blast on a hot summer day to go for a dip.
Working with an attorney to ensure that you are safe and sound can be a huge relief. He or she knows the laws of the state of Florida and can give you sound advice if you have a premises liability issue. Children getting injured while you aren’t there to supervise them is just one area of law that you need to think about.
The insurance that you carry is also important. Homeowner’s insurance doesn’t exclude pools and hot tubs so that is a bit of a good thing for you. But what happens if the person who slipped and fell is suing you? You need an attorney in your corner who can give you the best defense available.
It seems that the higher the risk the higher the amount that you can be held accountable for. If you have a slide that is unstable and a neighbor or a visitor ends up in an accident because of this, you could be sued. This is when your legal representation is vitally important.
Source: Equifax.com, “Pools and Hot Tubs: What Homeowners Insurance Do You Need?,” Linda Rey, accessed Dec. 11, 2015