Anyone can sue anybody for anything - and they do!

To answer your question - I would think it could go either way. I'm wondering why homeowner's insurance wouldn't cover this? 

Everybody is sue crazy and accepts no personal responsibility for their own carelessness or actions. The real estate agent is an easy target even though the listing agreement clearly states we accept no responsibility.

I guess we no longer have any self responsibility for anything - I mean really!!!

I had not heard of this case and was happy for the ruling. And that is also one of the reasons I carry additional umbrella liability insurance for such incidents and have for years. Fortunately have never had to call on it.

I don't like open houses and for me this is just another reason not to do them.

The best you can do is act in a manner that 12 jurors would agree with your decision making.  Who sues and how judges rule is beyond my scope of worry.  

The odd thing about that case is that its not like the victim fell from the diving board, the diving board collapsed.  If you are responsible for that then the liability is unimaginable, and unpredictable

I had not heard of this case but it certainly raises some interesting questions about liability, with a yes or no that depends on the situation, the facts, and no doubt the parties, including the attorney, involved, and where the case is being tried.

Interesting.  Another reason to add to the list of reasons why we don't do open houses!

Personally, I think it was careless of the seller not to barricade the pool.

I have never seen an empty pool that was not protected from people. Banks automatically build a barrier...sometimes even just because the pool is murky.

If I was an agent I would not have held an open house with an empty pool...too dangerous.  Where is the common sense?  It is not like slipping up the stairs...it could be death.

Eve

Hi Fred -- Thank you for the link which led me to additional investigation -- interesting case.  Since it's in California and with the brokerage I'm affiliated(btw - plaintiffs are no relation to me) I'm sure this  casewill be the source of additional discussion.       

An empty pool. 

I find it hard to understand that the AGENT did not see the potential hazard.

Further do not understand that the agent did not take necessary precautions.

I HAVE shown real estate in open house environments where hazards were perceived to exist. Entrants were REQUIRED to sign a hold harmless agreement and indicate they would stay within the barricades. To increase the excitement, those with open toe foot ware were denied entry.

Be aware, adequate staff was on hand to keep the cats in a heard. Such an event should never be attempted by a agent operating alone.

The strategy was an AWESOME list builder and not the waste of time many would suggest.

Then there are those 1960 constructed homes with the step downs into the living room. Is it a hazard that requires a barricade?

Here in Florida, the TVs are full of attorney ads pleading for slip and fall cases. The talking heads say the outcome is much more certain than the lottery. 'You don't pay us until we win!"  That is hard to turn down for those who want to hold others accountable for their lack of sound judgement.

I'd say any one is liable when anyone can be sued. But, just another reason why Open Houses are a waste of time in 2017.

I suppose they can, especially if they created a situation where someone could get hurt.People sue for everything these days. If an agent erects a huge open house sign at an intersection that blocks drivers view, driver pulls out and gets hit broadside, yes, agent deserves to be sued. In the diving board case, it could go either way. Access to diving board should have been blocked, and a warning sign posted. Actually, access to the entire pool should have been blocked/restricted.

Everyone gets sued. Call your insurance agent and get a $1,000,000 umbrella policy that covers, among other perils, injury at an open house.

That's a question for an attorney.

I will read this but an empty pool sounds like something that should have been covered by a tarp.

Fred Griffin - well, court cases do not need to have a reason behind it, many people believe in that.

Fred,

My first thought in seeing the picture is that is was California...This is a bit far fetched, how could anyone know that a diving board will collapse.  One of the top real estate attorneys we invited to speak at our company, made the remark that in California they can sue if they think you are ugly!  In California pools have to have fencing! This should have been the case, or covered.  Common sense is no longer common in our state or anywhere else,  A

There is no cure for stupidity!  Why would someone walk out on a diving board over an empty pool?   

The best thing the agents did was post, in the listing “[P]lease use CAUTION around the empty pool.

Not familiar with the Jacobs case, but liability is assigned today in some silly ways. 

I imagine that homeowners insurance covers injuries on the property.

In this sue happy world i would say yes. On another note an empty pool should be fenced off. 

No, broker along with the realtor.  They both sink together.

I don't think it's the agent's fault.  I mean the buyer could easily be viewing the property with a buyer's agent and fell as well.  Debbie Reynolds is so true that everyone is sue crazy.  

You CAN be liable for everything. I think a lot of it depends on how you react when the accident takes place. We can't round off every corner in the world.

Thank you for sharing Fred... I never thought of this... I'll have to upgrade my reading on this...

Fred Griffin . Just did dome reading about this... would be a great idea that you turn this into a full fledged discussion blog! 

Had not heard of this !

Smart real estate professionals carry an umbrella liability policy for added protection.

Brokers all act like they have deep pockets and juries believe them and help to lighten the load.

Fred Griffin - your examples show the court goes both ways on it. I would think the seller's insurance policy should be in force here.

I've seen many empty pools on the market.  I wouldn't allow anyone outside if I had an empty pool at an open house.  That's negligence.

People will sue over just about anything so it doesn't surprise me that the answer is "maybe... maybe not". It not only depends on the circumstance it also depends on the judge and or jury.

Thanks for sharing this case Fred Griffin. 

As if anyone needed another reason to NOT hold a public open house as Kenneth J. Jones, Director succinctly opined.

Yikes, not a fun predicament.   What was the result of the lawsuit? was the agent liable?

Well the point of being sued can happen over a hang nail!

My first thought was if the pool was empty why on earth were they doing an open house.  That was their first mistake.

Thanks; I will read the case, but I already know agents ARE responsible as representatives of the principal (seller), if it was a condition that they knew of, or should have known about and warned or taken other measures to assure the safety of invitees.

It is possible that someone could be sue for that.  

Liable or not this just made me go firm with a decision to do no open houses!

Once again, I could not say it any better than Kenneth J. Jones, Director - I am not a fan of open houses.  Thanks for sharing the article Fred Griffin 

Interesting & another good reason not to hold an open house. If I have to acquire liability insurance on something that I don't own but are considered 'taking control of the property' - I'm really out.

I kept close watch on this but they were out to sue the bank foreclosure. Go with the biggest pockets.

When something is litigated, it is not uncommon to sue everyone involved

Fred Griffin This was an interesting case. It could have gone either way. I'm sure the lawyers are lining up to bring suits against real estate brokers.

Pools can be dangerous, especially at an open house.    Can imagine a homeowner would be liable on their property.

Here in CA that would not be a surprise.....that is just terrible. People slip on the flat surface if they want to. As Debe said: 

Anyone can sue anybody for anything - and they do!

This is interesting and something we should all keep in mind when doing open houses as well as showings.

Everyone is sue happy.  States the inspection report didn't mention the possibility of breakage.  People don't take responsibility for their own actions.  Why walk out over an empty pool?  Freak accident..

I would think HO Insurance would cover this? As for the empty pool. That can be considered "Creating an Attractive Nuisance" and is open to a libel suite. Once again, I think covered by the HO Insurance.  However in today's world I could believe anything. Under the law, the "Reasonable man" theory goes out the window today. I read where a woman sued the maker of a motor home, because she put the motor home on cruise control while on the highway and got up to make a sandwich and of course crashed. She sued, based on nothing  in the owners manual stating the safety issue  regarding this  and she won.....