Pond Safety:
All ponds should be constructed with safety in mind. A well designed and constructed pond will minimize the possibility of a dam failure. Side slopes will be such that it is possible to climb out. Swimming hazards such as stumps will have been removed from the reservoir area. Safety equipment, such as a ring buoy and rope will be placed nearby once the pond has filled. Warning signs may be posted. Fencing may be considered. Insurance companies should be notified.
Liability is often a big concern for those who have a pond on their property, giving rise to many questions. Does a pond create additional liability concerns? Should a landowner take precautions to prevent access to a pond? What if a child trespasses and drowns in a pond?
In Ohio, the answers to these questions depend generally upon whether the landowner met his legal "duty of care" to the person harmed by the pond. This fact sheet explains the factors affecting a landowner's legal duty of care to pond visitors. It also discusses how a landowner can fulfill this legal duty and how to manage a pond to prevent or limit liability for harm to visitors.
Ponds and Legal Liability in Ohio
Ohio State University Extension Fact Sheet
Photo courtesy of USDA-NRCS
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