Teen paralyzed in private pool break-in sues French property

Nothing changes . . . <sigh!>. Back in the 1960s our family's outdoor pool was surrounded by an eight foot tall redwood fence with a locked gate. Even then, my parents had to carry a very large umbrella liability insurance policy. Under Michigan's "Attractive Nuisance" law, even if a thief fell into the pool and injured himself while robbing their house they could be held liable! :rolleyes:
 
Those responsible for setting the laws need to amend this portion. If the owner meets all of the criteria to make the pool safe for use, they should not be held liable.

Years back, I was mistakenly called to the scene of an accident where a young man, which was about 25 y/o tripped over a wire that was installed by the property’s owner about 6 inches up from the ground and went the length of his backyard. The property was located next to a baseball field. There was a game going on at the time and a foul ball went into the owner’s backyard. The young man chased after the ball and tripped over the wire.

I was called to the scene because the small borough had no PD and the young man thought the owner did something illegal by placing the wire in that position. I told him that what the owner did was legal. I also told him to seek the advice of an attorney because this is a civil matter. I learned later that the male had separated his shoulder and did sue the owner, even though he did nothing illegal. I learned that the law in Pennsylvania is that if the owner presents a hazard on their property without warning, he can be held liable. The reasoning was that anyone walking that decided to cut through the owner’s backyard has the right to reasonable expectations that it’s safe to do so.

Another incident similar to this accident happened a few days later in a different borough where a person was walking through a backyard to make his trip shorter and the owner’s Pit Bull ran out through the screen door and attacked the walker. The owner was also sued because the walker was severely injured by the dog. There was no warning about a dog that may attack a trespasser, so the walker did win his case.
 


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