Liability and private property

This is a discussion on Liability and private property within the Injury & Worker's Compensation forum, part of the ACCIDENTS, PERSONAL INJURY, INSURANCE category; My property includes a portion of a 5-acre shared pond/lake. The entire subdivision including the pond/lake is private property. Each ...

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Old Mar 31st, 2009, 02:48 PM   #1
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Default Liability and private property

My property includes a portion of a 5-acre shared pond/lake. The entire subdivision including the pond/lake is private property. Each lot surrounding the lake owns a portion of it. My portion happens to be on the pond/lake's dam where the private road runs. The road easement runs through my property. I am considering putting up a floating dock for fishing, swimming, etc. Unfortunately, due to the close proximity of the road, I am concerned about people, kids, etc., accessing the dock and either being hurt or drowning. Of course I will post the dock with "private property", "no trespassing", "no swimming", "no lifeguard on duty", etc., etc. But, my property at this location is about 250 feet long and runs along the road with neighboring property on either side. This makes it impossible and extremely expensive to fence or physically deny access to the water from the road. Does any one know what kind of liability I could still be facing if someone were to access the dock and get hurt or drown?
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Old Mar 31st, 2009, 04:10 PM   #2
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Default Re: Liability and private property

Liability depends on what state you are in. Many states recognize that an open and obvious danger speaks for itself, but you need to speak with an attorney licensed in your state.

Jeff

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My property includes a portion of a 5-acre shared pond/lake. The entire subdivision including the pond/lake is private property. Each lot surrounding the lake owns a portion of it. My portion happens to be on the pond/lake's dam where the private road runs. The road easement runs through my property. I am considering putting up a floating dock for fishing, swimming, etc. Unfortunately, due to the close proximity of the road, I am concerned about people, kids, etc., accessing the dock and either being hurt or drowning. Of course I will post the dock with "private property", "no trespassing", "no swimming", "no lifeguard on duty", etc., etc. But, my property at this location is about 250 feet long and runs along the road with neighboring property on either side. This makes it impossible and extremely expensive to fence or physically deny access to the water from the road. Does any one know what kind of liability I could still be facing if someone were to access the dock and get hurt or drown?
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Old Apr 1st, 2009, 09:28 AM   #3
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Default Re: Liability and private property

Talk to your insurer.

You will have some potential legal exposure but it should be manageable.
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