responsibility regarding swimming pool

[saminalham]

What is the name of your state? TN

We just installed an above ground pool.
Our yard is completely fenced in, I take the ladder out of the pool and cover it when not in use.
We also make sure that the gates are closed and latched when we are not home.
IF some neighborhood kids open the gate and tresspass into our yard and somehow get hurt, do we have any liability?

Trying to be proactive.

The fence is about 5 feet high, chain link. (in other words, someone could climb over)

Thanks

 

[tigger22472]

What is the name of your state? TN

We just installed an above ground pool.
Our yard is completely fenced in, I take the ladder out of the pool and cover it when not in use.
We also make sure that the gates are closed and latched when we are not home.
IF some neighborhood kids open the gate and tresspass into our yard and somehow get hurt, do we have any liability?

Trying to be proactive.

The fence is about 5 feet high, chain link. (in other words, someone could climb over)

Thanks

In order to protect yourself further I would buy a lock for the gate if there is not one. Simply latching it may not be enough.

You also might want to 'google' the laws of your state or county to see if there is a requirement on how high the fence should be. With all the precautions you have used, it's unlikely that you would be held liable. Of course this does not prevent someone from suing and attempting to show you liable. This just means that it would be less likely that they would be successful.

 

[Country Living]

Have you checked with your insurance company to see if they have any recommendations? Of course you have $1,000,000 liability.

 

[saminalham]

will do

Thanks. I was trying to avoid a rate increase because of the pool. I will google it and see. We have locks on all of the gates except the one we open to drive into the back yard. That gate is pretty heavy for a small child to open.

Yes, we have outstanding homeowner's insurance-as long as we don't get mold, a flood, or a sinkhole. Most have excluded those things.

You really can't get into the pool without the ladder.

 

[Country Living]

I doubt there would be an increase in your premiums unless you increased your liability (which is inexpensive and a very smart thing to do.) A swimming pool is more on the underwriting side and is considered an attractive nuisance. Don't be surprise if they frown on you having only a five foot chain link fence.

At least you didn't get a trampoline. Insurance companies do not like trampolines.

 

[sduer]

same subject: little different situation

My father just bought an above-ground (softside) pool. He lives in the country on 10 acres. The closest house is 5 acres away as my father's house sits in the middle of his land. Is he required to put up a special fence around this pool or is the distance between his property and his neighbor's property enough?

 

[sduer]

My father lives in Oklahoma.

Oops! I forgot to include the state information.

THANKS for any legal advice anyone has!

 

[Indiana Filer]

My father just bought an above-ground (softside) pool. He lives in the country on 10 acres. The closest house is 5 acres away as my father's house sits in the middle of his land. Is he required to put up a special fence around this pool or is the distance between his property and his neighbor's property enough?

Posting your question on the end of some else's post is known as hijacking, and will result in your not getting answers. Please delete both your posts here and start a new topic with your question.

You can delete by selecting edit post.

 

[moburkes]

Thanks. I was trying to avoid a rate increase because of the pool. I will google it and see. We have locks on all of the gates except the one we open to drive into the back yard. That gate is pretty heavy for a small child to open.

Yes, we have outstanding homeowner's insurance-as long as we don't get mold, a flood, or a sinkhole. Most have excluded those things.

You really can't get into the pool without the ladder.

You've got to be kidding me. You make that statement, and then ask about your liability. Well, you really do have a few options:
1. Pay for insurance to protect you up to the policy limits for liability just in case something very bad happens. And purchase an umbrella policy for $1M excess coverage.
2. Hold your breath, and pray that nothing happens, because if it does, your insurance company will drop you, refund your premiums, and tell you to pay for your own da*n lawyer to defend you. Then you get to shop for auto insurance and tell the companies about that CLAIM that you filed.

Quick question: You could afford the pool, but not the insurance?

 

[Betty]

Some homeowner ins. salesman's suggestions - If you have a swimming pool, have an approved fence, take out the diving board if you have one (this is where most injuries occur), & add a locking pool cover to prevent unauthorized use. You should also consider increasing your liability coverage.

 

[moburkes]

Some homeowner ins. salesman's suggestions - If you have a swimming pool, have an approved fence, take out the diving board if you have one (this is where most injuries occur), & add a locking pool cover to prevent unauthorized use. You should also consider increasing your liability coverage.

Absolutely great suggestions, but the insured must also notify the insurance company that he's added a pool, or the increased liability won't be worth squat!

 

[Betty]

Absolutely great suggestions, but the insured must also notify the insurance company that he's added a pool, or the increased liability won't be worth squat!

Right - insured needs to do that.