There is no fixed answer. If someone is hurt in a retention pond, the association is likely to get sued, whether or not liability can be established.
Warming signs are a good idea, although not required by law. If there is some unusual hazard in the pond, known to the Association, then warning signs are important. Having a life preserver at a retention pond is not required, as long as swimming is not permitted.Thrasher Buschmann & Voelkel PC
151 N. Delaware St.
Indianapolis IN 46204-2505
email@example.comSafety issues relative to what could be deemed attractive nuisances are interesting. There are many things that could be done – signs, life rings, fencing, walls, etc. But should they all be done? Normally a court will rule that if all reasonable safety precautions – which must be determined on a case by case basis – have been taken, liability does not lie. So it depends on the facts surrounding your Association’s retention pond (such as its location, how old, how much of an attractive nuisance, the size and assets of the Association, and more). The Association should also check with its insurance carrier as to what it deems necessary steps to take for coverage in case of a claim.
Sara A. Austin
Austin Law Firm LLC
226 E. Market St.
York, PA 17403