Waterfront liability

[Ron Beacher]

What is the name of your state (only U.S. law)? New Hampshire

We have been offered a free swim raft to place in the water in front of a waterfront home we own. It is a generous gift (1200 dollars if purchased), but I am very concerned about the potetntial liability it presents should an uninvited person use it, get injured, and then attempt to collect some form of settlement. I know "attractive nuisance" is not the appropriate term, but I need to know how much risk am I exposing my family beach house to if something happened in the course of a uninvited person using the raft. Any advice will be appreciated.

[JustAPal00]

If a four year old can walk onto your property and get to the raft, then you are liable. You are responsible for your property and anyone who is hurt on it. You have to think of it that way. If it is removable, then it should be put away when not in use. If you are talking about one of those rafts that are permanently located off shore then you would be able to argue that the person was already in the water before they were hurt. I'm figuring that the only real concern is an accidental drowning.

[Ron Beacher]

Thanks for your thoughts regarding my liability exposure from placing a swim raft in front of my waterfront property. This would happen to be one of the permanently bouyed rafts that floats offshore. In your reply, you mentioned the real risk is accidental drowning. Here, too, I wonder if a person somehow drowned while misusing the raft without me being prsent, would I be downwind of a giant lawsuit. I guess I can worry about every permutation there is, and maybe the answer is to get enough insurance to swat away nuisance suits and fight the rare, but possible, big litigation. Again, any addtional thoughts are appreciated.

[JustAPal00]

Originally Posted by Ron Beacher

Thanks for your thoughts regarding my liability exposure from placing a swim raft in front of my waterfront property. This would happen to be one of the permanently bouyed rafts that floats offshore. In your reply, you mentioned the real risk is accidental drowning. Here, too, I wonder if a person somehow drowned while misusing the raft without me being prsent, would I be downwind of a giant lawsuit. I guess I can worry about every permutation there is, and maybe the answer is to get enough insurance to swat away nuisance suits and fight the rare, but possible, big litigation. Again, any addtional thoughts are appreciated.

People with waterfront property who have docks usually have to have a fenced yard with a locked gate. Typically a 4ft fence with a self closing and locking gate. In your case the fact that the raft is not attached to land, I would think that the water would be considered a barrier. You should always make sure you have enough liability insurance to cover a claim. With waterfront, I would carry a lot of insurance. Someone can always find a way to get hurt and in todays world that means the "Lawsuit lottery". No tresspassing signs would also be recomended.