An intruder has an accident in my pool, who pays?

An intruder has an accident in my pool, who pays? Rodrigo is very upset with his insurance company because they “washed their hands” of a liability lawsuit filed against him. It turns out that the neighbor’s underage child had an accident in the pool. The child entered without permission and, while diving headfirst, hit his head and became unconscious. The child underwent surgery by a neurologist and has been receiving rehabilitation for three months to regain mobility.

Rodrigo believes that the neighbors acted in bad faith since the child did not have permission to enter his property, let alone use the pool. Furthermore, he feels doubly disappointed because his insurance company refuses to protect him from the lawsuits against him due to evidence of negligence.

Indeed, when Rodrigo built his pool and informed the insurance company, the agent warned him that he had to fence the pool to prevent unauthorized access. It is stated in the contract. Rodrigo complied and installed the fence, but at the time of the accident, the pool was not properly secured. Therefore, the child was able to access it without difficulty.

The Insurance Information Institute recommends that when installing a pool, trampoline, or bounce house, all the recommendations of insurance companies should be followed. The policyholder must carefully review the policy with an agent to ensure they have adequate protection and understand if they are following all the guidelines outlined in the contract.

It is unfortunate what happened, but Rodrigo will have to bear the cost of this unintended negligence out of his own pocket.

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