Thread: Pros and cons of a back yard swimming pool.

Originally Posted by justme23

I would have to disagree. I don't know about your neighborhood, but unless your back yard has a privacy fence w/ a keyed lock then I would definitely fence the pool. Kids around here, they do occasionally wonder in and out of the back yards and it's definitely a risk I wouldn't want to take. It's actually the reason we've considered a pool and thought against it.

If you read what I originally wrote, your property here does need a fence and there are requirements with that fence, but your pool does not, if a small child gets into my fenced in yard that child's parent is responsible.

Lets just say I keep my dogs in my fenced in yard and a small child wanders in and the dog defending her property attacks the child -- who would be responsible for that?

Originally Posted by Breezin

If you read what I originally wrote, your property here does need a fence and there are requirements with that fence, but your pool does not, if a small child gets into my fenced in yard that child's parent is responsible.

Lets just say I keep my dogs in my fenced in yard and a small child wanders in and the dog defending her property attacks the child -- who would be responsible for that?

Actually you would be held responsible. It is called an attractive nusience just as a trampoline is. The parents will sue you & your homeowners insurance & they will win. IMHO I feel it is in my best interests to fence & lock my pool. My home owners insurance came to my house to inspect my fence, deck & gate. I have a rider on my policy covering injury or drowning in my pool.

Originally Posted by sunniekiss

Actually you would be held responsible. It is called an attractive nusience just as a trampoline is. The parents will sue you & your homeowners insurance & they will win. IMHO I feel it is in my best interests to fence & lock my pool. My home owners insurance came to my house to inspect my fence, deck & gate. I have a rider on my policy covering injury or drowning in my pool.

Not if you did everything within the law--I have no problem with the law, the town made the law and my insurance company just did an inspection and also have no problem with it. Anyone could sue you but they have to prove you are negligent. I am not.

Originally Posted by SLance68

I guess you haven't heard of those things called Attorney's. They will find a loophole such as you did not make your property child proof therefore you are negligent. Remember we are NOT personally responsible for ourselves or our children these days.

the town has inspected, my insurance company has inspected. Everything is above board so I'd highly doubt it. Most people here have inground pools and I can't think of many with fences around them.

There are no laws here about having a fence around the yard or the pool. I was shocked and surprised. It also did NOT raise our insurance rates by having a pool. We did have a fence put up around the yard because we have dogs and didn't want them running off. We are going to put a pool in at our new house sometime this summer. We have a fence up now around the yard but will also have one put around the pool with a locked gate because of Gracie. We didn't have any close neighbors at our other house but we do here. So out of common sense we will take the necassary precautions to not only keep our little one safe but for the children of the idiots out there that don't watch their children.
Pools are expensive, above or inground. There are chemicals and upkeep as well as the electricity used to run the pump, lights, heater, etc. No to mention extra laundry (towels) and mopping of the floors...lol.

I find it very interesting if this is the way a lot of you live your lives -- based on what's been said here -- I do hope if any of you have a swingset in your yard that your yard is fenced, with an additional fence around the swingset with appropriate safety locks, I hope your dog is penned up and should probably be muzzled at all times, I also hope you don't have any plants that could be hazzardous if eaten on your property -- a small child sees the pretty wisteria in your yard and decides to start eating it and bam there's a lawyer looking for a loophole to sue.

Originally Posted by Breezin

I find it very interesting if this is the way a lot of you live your lives -- based on what's been said here -- I do hope if any of you have a swingset in your yard that your yard is fenced, with an additional fence around the swingset with appropriate safety locks, I hope your dog is penned up and should probably be muzzled at all times, I also hope you don't have any plants that could be hazzardous if eaten on your property -- a small child sees the pretty wisteria in your yard and decides to start eating it and bam there's a lawyer looking for a loophole to sue.

I certainly hope this wasn't directed at me. I have a 3 year old and there is no way in the world I would have a pool without a fence around it, with only a back door keeping her out of it. And obviously you have wonderful fantastic neighbors...I do not. We live on a rural road with heavy fast traffic and the neighbors 3-4 year older is constantly wandering alone around this area. Why would I with even a little bit of common sense not only protect me but this poor little girl that is constantly without supervision??? That doesn't make any sense. I also don't want people in my pool when I am not home. A fence makes it harder for people to get in. (I have had this happen.) I don't worry about getting sued. I worry about the guilt I would feel for the rest of my life if a small child drowned in my pool because I didn't have the responsibilty to put up a fence. I am a responsible adult. I am a responsible pet owner. My dogs are kept in their yard by a fence, they are up to date on their shots, they have fresh food and water and are indoors more then outdoors. When my yard needs mowed, we mow it. When the trash needs taken out we take it out. When my children are outside they are supervised. Its called being a responsible adult thats just what you do. Not everyone does the responsible thing.

In the law of torts, the attractive nuisance doctrine states that landowner may be held liable for injuries to children trespassing on the land if the injury is caused by a hazardous object or condition on the land that is likely to attract children who are unable to appreciate the risk posed by the object or condition. The doctrine has been applied to hold landowners liable for injuries caused by abandoned cars, piles of lumber or sand, trampolines, and swimming pools. However, it can be applied to virtually anything on the property of the landowner