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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 35287
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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Our little do drown this weekend in bank owned home next

This answer was rated:

Our little do drown this weekend in bank owned home next door
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Ms
JA: Has anything been filed or reported?
Customer: Just happened over the weekend
JA: Anything else you want the lawyer to know before I connect you?
Customer: Pool is not properly managed

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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I am very sorry to hear about your dog, please accept my condolences on your loss..

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What is your legal question that I can help with tonight?

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thanks

Barrister

Customer: replied 3 days ago.
Can we sue the bank for not properly maintaining the property? This could have very well been a child and next time it could be.

I will apologize in advance for the answer.... But if your dog was not under your control and was on the neighboring property, then the bank owner of the property is not liable as your personal property (dogs are considered personal property) was illegally trespassing on their land and they owe no duty to a trespasser.

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Now if a child fell in and drowned, the law considers that an "attractive nuisance" and the bank could be held liable for not properly securing the property so as to prevent this from happening. People are held to a higher standard of care with minor children than they are with animals or adults..

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I am sorry that the news isn't better.

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Barrister

Customer: replied 3 days ago.
That's nice to know.

I can only relate to you how the law looks at things like this, that doesn't mean that I agree with it... But I would still notify them about the unsecured pool so hopefully they will take action to prevent anything else bad from happening like this..

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Barrister

Customer: replied 3 days ago.
Thanks

You are very welcome, even though the news is lousy...

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It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the caption and the JustAnswer employees will get it to me.

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If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work.

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Thanks much

Barrister

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