swimming pool fence

[nthornton]

What is the name of your state (only U.S. law)? Georgia
I've been told GA law doesn't require a pool to be fenced, but my insurance company
is cancelling my policy if I don't get a fence; how can I find a company that does not
require a fence?

 

[JETX]

What is the name of your state (only U.S. law)? Georgia
I've been told GA law doesn't require a pool to be fenced, but my insurance company
is cancelling my policy if I don't get a fence; how can I find a company that does not
require a fence?

Read slowly.... phone book.

 

[KIMMACK]

I think you should get a fence. Children constantly drown in poorly secured pools.

 

[Zigner]

I'm willing to bet you won't find one. Just because the law doesn't require one doesn't mean the ins. co's won't. The ins. co's apparently have a better head on their shoulders than your state's legislature...

 

[nthornton]

pool fence

let me rephrase this--how can I find out ONLINE about ins. cos. not requiring a fence;
I've called my local agents already. My pool is surrounded by massive hedges and a
farm fence with a locked gate. Absolutely no one uses it but me.

 

[TheGeekess]

Insurance companies call pools "attractive nuisances". That's why you have to have a fence that children can't get through.

"For child trespassers the courts have developed the doctrine of attractive nuisance. An attractive nuisance is a man-made thing that may be attractive to children and might pose a danger to them. If an owner or occupant has an attractive nuisance like a swimming pool or a dangerous piece of machinery on the property and knows that children might come on to the property, they are required to keep the children away from the nuisance using fences, locked gates, or other security measures."
http://injury-law.freeadvice.com/injury-law/georgia_premises_liability_whoisresponsible.htm


"Recognizing that children are almost magically drawn to certain man-made hazards such as machinery and railroad turntables, courts have created a legal fiction known as the attractive nuisance doctrine in an effort to force an owner to protect children from their own curiosity. Under this theory, an owner is potentially liable for injuries caused to a [Trespassing Child] if the injuries were caused by a dangerous man-made instrumentality or machinery which naturally attracts young children. The central idea behind this doctrine is that the owner should anticipate that a child would come onto the property because of the interesting nature of the machinery, and the owner should take precautions such as erecting a fence or other barrier to keep children away from the harm.

Georgia courts have been very cautious about applying this doctrine and have limited its use by adopting a five-part test for an owner’s liability for a man-made condition. Under Georgia law, an owner of land is liable for physical harm caused by an artificial condition upon the land if:

(1) the place where the condition exists is one upon which the owner knows or has reason to know that children are likely to trespass, and

(2) the condition is one of which the owner knows or has reason to know and which he realizes or should realize will involve an unreasonable risk of death or serious bodily injury to such children, and

(3) the children because of their youth do not discover the condition or realize the risk involved in intermeddling with it or in coming within the area made dangerous by it, and

(4) the utility to the owner of maintaining the condition and the burden of eliminating the danger are slight as compared with the risk to children involved, and

(5) the owner fails to exercise reasonable care to eliminate the danger or otherwise to protect the children."
http://www.premisesclaims.com/Law_Guide/law_guide_info.htm

http://www.speakerlawfirm.com/premises-liability.html
http://www.rivercenter.uga.edu/service/tools/easements/landowner_liability.html

(I am not associated with any private law firm whose URL is included in this post. I have posted them as a courtesy for the OP.)

 

[Zigner]

let me rephrase this--how can I find out ONLINE about ins. cos. not requiring a fence;
I've called my local agents already. My pool is surrounded by massive hedges and a
farm fence with a locked gate. Absolutely no one uses it but me.

Oh, in that case, let me restate:

I'm willing to bet you won't find one. Just because the law doesn't require one doesn't mean the ins. co's won't. The ins. co's apparently have a better head on their shoulders than your state's legislature...

 

[Tallrat]

About 15 yrs ago a niehbor of mine pulled a child from his pool just in time. Had he not forgotten something in his car he needed he wouldnt have been there in time. He aged 10 yrs in a min's time. Scared him so much I thought he was going to have a stroke. I called a friend of mine and the 3 of us had it fenced in by 7 pm next day and he had to pay 3 times the amount for the permit because he had work done before he got a permit. They didnt make him take it down because of the circumstances though. Just for peace of mind I would fence it in.

 

[JustAPal00]

I inspect homes for insurance companies. I have worked for at least 15-20 companies over the last 8 years(I work for an inspection company that is hired by many companies at once). I have never worked for or heard of an insurance company that doesn't require a 4' fence with a self closing and locking gate! I look for unfenced pools, unregistered vehicles, and vicious dogs as part of the inspection!

 

[JustAPal00]

After giving it some additional thought. Your state might have an insurance program for uninsurable homes, which yours is. Some of these programs will offer insurance with exclusions. Meaning they will exclude your pool. Then if something happens you have to pay out of your pocket!

 

[Zigner]

I inspect homes for insurance companies. I have worked for at least 15-20 companies over the last 8 years(I work for an inspection company that is hired by many companies at once). I have never worked for or heard of an insurance company that doesn't require a 4' fence with a self closing and locking gate! I look for unfenced pools, unregistered vehicles, and vicious dogs as part of the inspection!

Only 4 foot? My understanding (and, granted, I haven't been in the same line of work) was that it was generally a 6' fence that was required...?

 

[JustAPal00]

Only 4 foot? My understanding (and, granted, I haven't been in the same line of work) was that it was generally a 6' fence that was required...?

Different companies have different requirements and they are constantly changing. Lately most of the ones I'm working for are requiring 4' as I mentioned. I'm sure some require 6' there are even a few with a 3' requirement.

 

[caslerst]

to protect children from their own curiosity.

Isn't this called a parent? If a child is not mature enough to not tresspass, then they are not mature enough to be out without supervision. How hard is that?

 

[Zigner]

Isn't this called a parent? If a child is not mature enough to not tresspass, then they are not mature enough to be out without supervision. How hard is that?

Have you even researched the term "attractive nuisance"?

 

[KIMMACK]

let me rephrase this--how can I find out ONLINE about ins. cos. not requiring a fence;
I've called my local agents already. My pool is surrounded by massive hedges and a
farm fence with a locked gate. Absolutely no one uses it but me.

You have found out online, No reasonable or proper insurance policy will provide you coverage if your pool is not properly fenced.
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if it is sorrounded by massive hedges, then just fence behind them and grow them around the fence. And make sure the farm fence closes and secure's itself. It doesnt really sound worth it to have no fence and have no liability, then just put up a fence.
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Its no big deal really, I have a company that wont provide liability coverage if a pool has a diving board. Insurance company's can really do whatever they want.