Pond Boss
Posted By: ken legal responsibilities of pond owners - 08/13/03 02:46 PM
every pond owners dreaded fear of some young kid falling in your pond and drowning any time of the year.(god forbid).what steps would be wise to take to prevent me from looking at my (former) house and pond from the street?. are posted signs and a life ring enough? i really don't want to fence her in. what are other owners doing?
I don't know of anything you can do to assure that trespassers are kept out. I have a one million dollar umbrella policy on the land that is an extension of my homeowners insurance policy.
Posted By: big_pond Re: legal responsibilities of pond owners - 08/13/03 07:07 PM
Man....you need Newbee to respond....
Posted By: geostaples Re: legal responsibilities of pond owners - 08/13/03 07:47 PM
Although I have practiced law in Texas for nearly 40 years, I would caution you that the law of the state where an event occurs governs the issue. I do not know Ohio law; only a lawyer licensed to practice there could give you authoritative legal advice. The pond could be viewed as an "attractive nuisance," particularly if it were located in an area easily accessible to children and was located on a lot located in an area known to have children in close proximity. Even a fence might not be sufficient if it were not formidable enough to keep a child out. Insurance is advisable, but there are no guarantees.
Posted By: Russ Re: legal responsibilities of pond owners - 08/13/03 09:52 PM
Ken,

This topic was touched on awhile back. When you have time, go to page 5 of the QUESTIONS/OBSERVATIONS section and look for the topic "Poachers/Tresspassers." NOV.02

According to my insurance company, my pond should be fenced. They see it as a liability, like a big inground pool I guess. Building code in my area requires inground pools to be fenced. My pond is neither fenced nor is it posted. One of the main reasons for building the pond was to offer an opportunity to my neighbors and friends to come sit, fish and just have a good time. Is this an invitation for disaster?? I'm sure you could find an attorney to agrue that point. I do stress to all the kids that nobody is allowed near the pond unless an adult is around. So far it has worked out well.

Russ
forget the fence!!! train ya a rottweiler or a german shepard to chase the big or little trespassers off your property!! and hey, if the dog mangles a little kid or big kid or annoying adult, well, i'd think that you'd have to put down the dog, pay some doctor bills, and some pain and sufferin', but probably cheaper than a dead kid or adult in your pond!!! AAANNDDD, they probably wouldn't try to get to your pond anymore!!! then buy ya another dog, and keep fishing in the pond you get to keep!!!
NOTICE: advice set hereforth and above is not the sole legal opinion of any legal professional, but rather henceto thereof and furthermore the jokingly suggestions set forth by a non-legal knowing idiot who is at the mercy of the minority of the majority of united state citizens who are tax paying, hard working citizen at the law suit mercy ridden citizens of the u.s.a. who in majority do not work but suck the country dry of it's resources but contribute nothing, but are still entitled to trespass on the above persons property and still sue for large settlements they don't deserve. all recommendations and comments are therefore subject to terms not deemed termable of henceforths.!!
Posted By: Russ Re: legal responsibilities of pond owners - 08/15/03 08:03 PM
Mark,

Stop holding out and tell us how you really feel. ;\)

Russ
ohhhhh, boy...you wouldn't want to get me started!!!! enjoy!
Posted By: TyW33 Re: legal responsibilities of pond owners - 08/15/03 11:01 PM
My personal favorite would be rifle, of light caliber zeroed at about 400yrds. But that takes all your time away from fishing. An easier, cheaper, and less dangerous solution is creative keep out signs.
Maybe something like...
Cotton mouth Sanctuary
Anderson's Alligator farm
Bobcats alive or skinned available here!
Caution! This zone is under quarintene for Rabies out break.
This pond is property of state mental hospital,
sex offenders may be present.
Im sure you get the idea, but the rifle ensures no repeat visitors.... its a toss up.
Ty, that was a hilarious post...i like the "cotton mouth sanctuary", my wife heard me laughing and asked me what was so funny and i told her...she said "you are becoming a pond boss fanatic"...yep...she's right about that. I love this web site!!!
Posted By: TyW33 Re: legal responsibilities of pond owners - 08/17/03 05:39 PM
Who doesn't love this website?
ty, like your sense of humor! i looked at your profile. noticed you are a biology major. that's what my degree was in; but i focused more on medical stuff, and actually didn't seem to learn too much of the "real" biology stuff like i learn on this website!!! If I wasn't in the medical field, i would love to be a pond/biologist guru!!! my hat is off to ya, study hard and good luck/study. one of my college roommates chose the biologist/wildlife route, and i'm so envious when he's out shocking fish and studying wildlife for the federal gov dept. of Missouri. that seems like a blast...but the grass is always greener on the other side...(if you fertilize and water and weed properly!!!!) mark
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