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If a trespasser jumps my fence and drowns in my pool, am I liable?
Asked on June 5, 2016 under Personal Injury, Missouri
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
No, if a trespasser jumps your fence and drowns, you typically only be liable if there was some other unsafe condition contributing to the drowning, such as a crumbling or loose paver on the walkway around the pool, which collapsed under him and threw him into the pool unexpectedly; or maybe a tangle or ropes and hoses in the pool, such that if someone did fall or jump in, they'd get tangled up and unable to extricate themselves. There would have to be something you did which was careless or negligent to create liability in the case you describe.