not darwin award worthy.

and you are just jealous he could actually climb a fence unlike your fat ass

in my county there's a code for pool fences to keep kids out and if he met that code then there's no liability

also fat people can beat a chain link fence by putting a 2x4 over the top and walking on it til the metal is bent

damn kids did that to a corner of the hotel lot where I worked

it would probably go to a jury depending on the size of the fence the owners had.

In US there is something called the attractive nuisance doctrine.  An adult's estate would most likely not have a cause of action because he would be a trespasser and typically trespassers are only owed a duty to refrain from reckless actions concerning some artificial (not naturally occuring) condition on the premises.  However, most courts here impose on a landowner a duty to exercise ordinary care to avoid a reasonably foreseeable risk of harm to children caused by artificial conditions (i.e. pool) on his property.  In order for the doctrine to apply the plaintiff needs to show: 1- a dangerous condition on the land that the owner is or should be aware of; 2- the owner knows or should know children frequent the vicinity of the condition; 3- the condition is likely to cause injury (dangerous because of the kid's inability to appreciate the risk) and 4- the expense of remedying the situation is slight compared with the magnitude of the risk.

Edit: err sorry. would go to a jury on the question of whether it was likely to cause injury as well.  i think people could disagree on whether a 10 year old could appreciate the risk but i'd still give him the darwin award anyways for diving in the shallow end.  either that or his parents should be beaten with a rubber hose for not teaching him pool safety by the time he reached 10 years old

Give you a good example of the New York Warning Lable Law.  It's not an actual Law, but the lawyers use it a lot in court as a way to undermine the civil system.

A man hires a contractor to redo the flashing near the edge of his roof.  The contractor asks the homeowner if he could hold the ladder, while he's pulling the flashing off, and the homeowner refuses.  Well while up on the ladder the contactor falls off the ladder, breaking the leg.  The contractor decides to take the homeowner to court for damages.

The jury gave the ruling to the contractor, for two reasons, and two reasons only.  New York has the Good Samaritan Law, which requires those to render aid.  Originally the Good Samaritan Law was not supposed to fall under this catagory, but that's how most of the jury viewed this particular case, considering it unlawful that the homeowner wouldn't consider aid to a possible and known danger.  Two, the ladder instructions, which were printed on a sticker, stated matter of fact, "Reckomened to be used by two people."  One person on the ladder, while the second person holds it.

It's the fine print on the ladder that actually won the court case for the contractor.

Notice in how a Warning Label goes a long way in court. 

"No Trespassing"  For a pool.  Or even a sign near the pull, "Danger: This area not monitored by a lifeguard."  There are signs posted specifically at all swimming pools at a hotel or motel of this type.

"Reckomended operation by two individuals", for a ladder.

What's written goes a long way in court.

And no, the contractor didn't have a second individual, nor was it his responsibility to hire another person to hold the ladder.  You better get over that excuse right now.  The judge informs the jury that "What could have been done, can not be used in their deliberation on the subject matter of what actually did happen."  What ifs, by the ruling of the Supreme Court have no merit in the court of law.

The insurer will not pay anything if another party is at fault.  Even an Insurer can take you to court, or refuse to pay if the accident was not an accident.

Insurers will not pay out of pocket for negligance on the part of a homeowner.  Read the fine print in your insurance contract.  Seriously?  I know about half a dozen of you that posted that you have insurance, but you never ever stated that you ever read the entire BOOK that they give you, or the fullon legalese pamphlet that only a lawyer could read and understand.

If you don't read the fine print, the fault is yours.

some homeowner's insurance plans have liability coverage which will protect the owner from negligence to third parties.  it should be listed on your declaration page what types of coverage you have.