I have done much research on this matter after building my 6 acre pond.
Almost all states have adopted the same laws. I bet most smal;l pond owners
here dont know the laws.

You are protected from trespassers if they are adult and you post no
trespassing signs. HOWEVER laws for adults vary from state to state. For
instance in some states if you see tresspassers on your property and do not
kick them off and they get hurt you are liable.

Trespassing adults are not your concern for a little backyard pond. Children
are. Most states have adopted the "Doctrine of Attractive Nuisances". Here's
an article on what it is:

Dangers to Children: Attractive Nuisances
If something on your property is both inviting and dangerous, you have a
legal responsibility to try to prevent injuries to children who may wander
onto the property.

Children, closely watched or not, stray onto other people's properties
sooner or later. Often, what draws them are everyday objects -- pools,
machinery or stacks of building materials -- that present both an
irresistible lure and hidden danger to young children.

If something on your property is both inviting and dangerous, you have a
special legal responsibility to try to prevent injuries to children who may
wander onto the property. In many states, this rule is called the
"attractive nuisance" doctrine. It can be roughly summarized with three
rules:

Children are not expected to fully realize the dangers they may encounter.
A property owner who should realize that children are likely to come onto
the property has a heightened responsibility to prevent harm.
An owner who fails to take reasonable precautions to prevent injury is
usually liable for a child's injuries.

What Is an Attractive Nuisance?
An attractive nuisance is a potentially harmful object so inviting or
interesting to a child that it would lure the child onto the property to
investigate.

An unenclosed swimming pool, for instance, or a fountain containing goldfish
could be attractive nuisances. Ordinary objects can attract and injure
children: an idling lawnmower, paint sprayer, table saw -- even the family
auto. Children are also fascinated by construction sites and equipment,
gasoline pumps, wells, tunnels, dumpsters, paths and stairways.

You may be thinking that almost anything could injure a small child. After
all, even a stick in the yard can be picked up and poked into an eye. Yet a
stick is not so unusual or enticing as to draw children over at their peril.

And not every dangerous condition is an attractive nuisance. Most natural
conditions, such as a lake or a naturally steep bank, are not considered
attractive nuisances. To be liable for injury, an owner must create or
maintain the harmful object.

And even a very small child is presumed by the law to understand some
dangers -- for example, falling from a height or touching fire. The
attractive nuisance doctrine arises when the child doesn't realize the
extent of the danger.

Who Is Protected
Very young children are far from the only ones protected by the law. Judges
tend to look at each particular case and each individual child's capacity to
understand danger. For example, an Alabama court found that a 16-year-old
boy may not have understood the dangers of exploring an abandoned clay pit
and the owner could be liable when the boy was injured. (Lyle v. Bouler, 547
So. 2d 506 (Ala. 1989).)

Here are some more examples, from actual lawsuits.

Example 1: A 12-year-old child climbed onto the roof of a building to play
and fell three stories to the ground. Ruled: The owner was liable, for these
reasons:

Children were known to play in the area.
The roof itself had an area that was sloped and slippery, something that a
child would not notice.
The owner could easily have locked the door to the roof. (Smallwood by
Smallwood v. Fornaciari, 560 N.E. 2d 637 (Ill. App. 1986).)

Example 2: A 10-year-old fell three stories from a roof after climbing up
and playing on it. Ruled: The owner was not legally responsible for the
child's injuries, because:

This owner had no reason to know that children would play on the roof.
No hidden danger on the roof itself caused the fall. (Corson by Lontz v.
Kosinski, 801 F. Supp. 75 (N.D. Ill. 1992).)

Example 3: During construction of a house, a contractor left sheetrock
propped against a wall and unattended. An 11-year-old girl, investigating
the building site, was injured when the sheetrock tumbled down on her.
Ruled: There were grounds for a lawsuit against the contractor, because:

Children were likely to come onto the building site.
The sheetrock was left unattended for days.
It could have easily been stacked in a safer manner. (Amora v. Lain, 725
S.W.2d 734 (Tex. App. 1986).)

Taking Precautions
The law doesn't require owners to childproof their properties. But it
expects people to be alert to potential dangers to children and to take
reasonable steps to prevent harm to those too young to understand the
danger.

Use Good Judgment
The best way to avoid tragic accidents is to use good common sense. If
something on your property fascinates neighborhood children, they can be
expected to trespass and investigate it if given the chance. Lock it up,
fence it or remove it. If an object is an accident waiting to happen -- a
ladder propped against a roof or a machine left running -- never leave it
unattended.

Ask your insurance agent what precautions you should take concerning
dangerous but necessary objects -- for instance, swimming pools, wells or
machinery. If the company requires a fence, install it, or you could lose
your coverage. And don't be surprised if your premiums increase for the
pleasure of having a pool, trampoline or other object.

If you are a concerned parent, this may be a good time to be a meddlesome
neighbor. Assume the neighbor wants to know about dangerous conditions, and
offer to help find a solution. If a law is being violated and the neighbor
won't cooperate, contact the appropriate authorities.






"GARY BEEZ" wrote in message
...
Hi all:

I have a 18'x15'x32" deep pond in front of my house on the side of the
walkway
leading to my front door. The pond/house is up on a hill about 100 feet
from
the road. Is there any insurance liability I should be conserned with?
Just
incase someone would fall in it. I would hate to have to put a fence
around it.
The top of the pond is about 12" above grade. I put a plant shelf all the
way
around it for just incase someone would fall in they could get out eazly.

Thanx
Gary