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Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33207
Experience:  15 years real estate, Realtor. Landlord 26 years
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I live in Michigan and own a pool. Our neighbor is currently

Customer Question

I live in Michigan and own a pool. Our neighbor is currently installing a new fence and tore down the previous one leaving our pool no longer enclosed. If someone were to trespass and get injured while their project is ongoing would we still be held liable?
Submitted: 4 months ago.
Category: Real Estate Law
Expert:  Barrister replied 4 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. 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.


Under the law, as a general rule, a landowner owes no legal duty of care to a trespasser. So if an adult came onto your property without permission and was injured, then you aren't liable. I say "adult" because under the law, there is a concept called an "attractive nuisance". It states that a landowner may be held liable for injuries to children trespassing on the land if the injury is caused by an object on the land that is likely to attract children.


So if there are children around who may potentially try to enter your yard to get in the pool, it would be a good idea to try to erect some type of temporary fence to prevent, or at least deter this from happening.





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