Backyard Blues - Homeowners' Liability

All across New England, homeowners are looking to enjoy the last few weeks of summer - and for many that means backyard barbeques and pool parties. But before you let the good times roll at your house you should do a quick legal inventory to make sure your assets are covered. You need to know that one unfortunate accident where a guest gets injured on your property can put your house and other assets on the line. So making sure you take reasonable precautions and knowing what your homeowner's insurance does and doesn't cover is critical!

There are easily avoidable accidents and then there are the accidents that no one anticipates. Everyone knows that serving alcohol to guests and then letting them drive can be a recipe for disaster - but if you are entertaining, do you sit there and think about how a guest could get injured jumping into your pool? Or whether a neighborhood child is going to "come by" for a swim when you aren't around? No - but every year people get hurt and homeowners with pools get sued. If you have a pool make sure you follow all local laws like putting up a fence, and then take it a step further. Go the extra mile and make it really difficult for neighborhood children to sneak in. Same goes for hot tubs! The more you try to anticipate what could go wrong, the more likely you are to take the precautions that could prevent an accident!

Homeowners also need to be up on accidents involving backyard trampolines. They are another big "kid magnet" that can mean big liability for homeowners. Check manufacturer recommendations carefully, use your common sense, and remember - you can still be on the hook legally if a child you didn't invite to jump around in your backyard gets injured! There is something called the "attractive nuisance doctrine" that basically states if you have something on your property that is likely to attract a child, and a child does in fact come onto to your property and becomes hurt, you the homeowner can be held responsible for their injuries! And this doesn't apply to just swimming pools or trampolines - kids are curious creatures. If it's reasonable to think that a child could be intrigued by something you have on your property, you have a potential problem on your hands. Think piles of sand or wood, abandoned cars, tree houses with ladders and fire pits.

Insurance sometimes covers you in the case where a "guest" (invited or otherwise) gets hurt on your property, but not always. But even where there is coverage, in the case of a serious injury, a typical homeowner's policy probably won't come close to covering the amount of money you might be ordered to pay. For instance, if you have a basic homeowner's policy with $100,000 of coverage for each claim made against you - but someone sues you for $500,000 and wins, you're on the hook for $400,000! That's why you need to assess what your exposure is.

For instance, if you have a pool you know you face more risk. Talk to your insurance agent and make sure he/she knows the specifics of your property. You need to have enough liability coverage for your particular situation. Some companies offer policies with $200,000 or $300,000 of bodily injury coverage for a nominal increase in the annual premium. In many cases, the solution is to purchase an "umbrella policy" that is separate from your homeowner's policy but will pay for liability claims made against you or your family. You need to do what you can to minimize high-risk situations on your property and work with a good agent to get the right insurance in place.

Along with pools, hot tubs and trampolines, dogs are one of the biggest liability hotbeds for homeowners. According to the Insurance Information Institute, the cost of dog bite litigation has spiraled to over a billion dollars a year and some insurance companies are refusing to write coverage for certain breeds like Pit-Bulls, Rottweilers, and German Shepards. Some states won't let insurance companies discriminate against certain breeds of dogs, but many do so you should check in with your insurance agent to know where you stand. And of course, be cautious. If your dog gets easily excited or nervous, don't expose him/her to a crowd, and always keep a close eye on any contact your dog has with children. If your dog does bite someone, make sure you cooperate with your homeowner's insurance company. The adjuster will want to investigate the circumstances surrounding the incident and you being unhelpful or silent will not work in your favor!

Use common sense and take the time to scout out what's going on in your own backyard. Be a conscientious homeowner and host. Keep the grill away from the kids, the kids from running around the pool, and the gate to the pool locked up when you aren't using it. That's your best bet for avoiding the backyard blues!

Copyright 2006 - Law Office of Gina M. Ghioldi, P.C.

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