FAQ: Can a neighbor be held liable if my young child got into his pool and drowns? Or nearly drowns?

Possibly. Many times children are afforded additional care and consideration because they are younger and more naïve than adults. In situations where a child cannot reasonably be expected to resist temptation, such as a pool, a neighbor can be held liable even if the child trespasses on their property, because of the attractive nuisance doctrine. The attractive nuisance doctrine essentially allows children to recover in situations where a threat or harm is present in a situation where the child is also naturally drawn in by want or curiosity, and they are injured. In a pool situation, fencing, invitation, toys around the pool, the age of the child, the pool layout, etc. all play into determining liability.