Install fence for deep brook running through yard?

[Doreen Morawski]

I am turning my private home into my first rental property this summer. I have a brook running through the yard with a high bridge going over it. The bridge goes from the main yard to another section of fenced in yard. There is no railing on the bridge. The water is not deep but it's a 5 foot drop down to it. For liability reasons, should I install a fence along the water and put a gate in front of the bridge? What if an unsupervised child tenant falls in? Is this something I should even worry about? See photo.

[Kevin Sobilo]

@Doreen Morawski, I'm not sure a fence completely eliminates your liability.

I suspect that bridge is supposed to have railings on it much like a porch would if it is more than 18" in height. I can even see places along the side of the bridge where posts can slide into. I understand for cost and aesthetic reasons railings may have been skipped.

Even with a fence, I wonder if one could argue the bridge isn't an "attractive nuisance" because what child wouldn't want to play on that bridge even if they needed to climb a fence to do it.

https://www.law.cornell.edu/wex/attractive_nuisance_doctrine

So, I would either remove the bridge while its a rental or add the the railings.

[Doreen Morawski]

Hi Kevin, thank you for the nuisance info. Also a very good point about the railing on porches being required based on height of the porch. I always wanted a railing on the bridge but it would have to be custom made and would probably cost thousands. I would not remove the bridge as it is steel and I plan on selling the house in 3 years to avoid capital gains, and the bridge is required to access the entire yard. But maybe a fence with a gate would suffice. I may also consult with a local attorney. Thank you for the info!