Liability if someone is hurt?

We have a 3 acre pond on our property which we have been letting the neighbors and their kids fish! They are bringing in their friends and more friends. My question is this!? What liability do we have if somebody gets hurt or a rattler bites one of them. We have a 1 million dollar umbrella on our homeowners policy, but costs could go beyond that, I don't know??? Any comments appreciated. Thank You

You're operating an attractive nuisance. You'll be held liable for most any injury the children receive.
You'd be smart to stop the practice immediately.
You should also post "no trespassing" signs, because they likely won't stop because you stop the practice.
It won't absolve you of all liability, but could show you officially ended the practice.

Thank You! It's hard for me to turn down a kid with fishing pole in hand, standing at the front door asking if he can fish!! I will definitly post the signs and get a better control of this!! My wife has been telling me this for a long time!!! It's hard to be a good neighbor and game warden at the same time. Thanks again!!!, Pete

Warn and Indemnify!

PETE-SORENSON:

As a land possessor (owner), you owe all those who enter your land what is called a Duty of Care and the measure or the amount of the care owed depends on the Status of those entering your land who could be either "trespassers," a "licensees," or "Invitees." And yes, you even owe a duty of care to someone who trespasses on your land.

Your neighbors however fall into the licensee category. A licensee is: someone who enters the land with the express or implied consent of the land possessor, as is the case with social guests. The licensee takes the property in the condition in which the land possessor uses it. A land possessor may be liable to a licensee injured by a condition on the property where the land possessor knows of a dangerous condition on the property, fails to make the condition safe or to warn the licensee about the risk involved, and the licensee does not know about the danger nor would be expected to discover the dangerous condition. Where the presence of a licensee is known or should be known to the defendant, most jurisdictions require land possessors to use reasonable care in carrying out activities on the property.

So, as long as you have made it be known and have warned the licensees of all hidden dangers you are aware of or should reasonable be expected to be aware of, then your liability to your neighbors is zero and if there is an injury and you find yourself a defendant in a personal injury case, your defenses would be "Assumption of the Risks" and "Contributory Negligence" on the part of the Plaintiff.

To be on the absolute safe side of the equation here, you would perhaps consider having your (or an) attorney do a little writing to be signed by you and the neighbors; this document would in essence be an Indemnity Agreement.

fredrikklaw

Thank You for your response! Just today I came home to find people fishing, without even asking permission. I have taken steps to correct this from happening again. Thanks, Pete

Post a sign that "tress-passing is not allowed"