I know this is way off topic but...

[Archive]

Posted By: mark

There are a few lawyers out there or the judge that may be able to answer this question.

I am having a pool put in my back yard. This will be the only pool in my neighborhood with many kids who will want to be swimming in it this summer. My question is, am i liable if someone gets hurt swimming and God forbid, if someone drowns. Does the parent have legal right to sue my insurance company. Also, should i have a least $1,000,000 in insurance in case something happens?

Leon, if you feel this is off topic, i understand. Thanks

[Archive]

Posted By: Frank Wakefield

Yes, you might have liability. Parents would sue you, not the insurance company, and the more insurance you have the ever so slightly more likely it is that you get sued. Get a fence; always have an adult watching the kids at the pool, not through a window; talk to your homeowner insurance agent; and maybe talk to an attorney.

[Archive]

Posted By: mark

I had a friend 10 years ago who got paralized from the neck down because he was fooling around at a house party and was drinking. He went to dive in the pool, which had about 5 people in it, at the last second he tried to miss someone and ended up diving staight down in a 4 foot pool. His family sued but i can't remember what happened. Thanks for the info.

[Archive]

Posted By: barrysloate

Pools are notorious for accidents. Cover yourself!

[Archive]

Posted By: Mike

Your homeowners ins. will go up....but aside from that.....as the folks in Rome used to say " Cover Thy Rear End". Your liabilities are montrous, should anything happen to "anyone" for a million reasons.

[Archive]

Posted By: JK

Yes you could be liable, yes you should have a fence (at least 6 ft IMO) and yes, you should have insurance. I completely disagree with Frank's implicit suggestion that you should avoid insurance because it increases the chance you will be sued. If you dont tell anyone how much insurance you are carrying, that fact will play no role in any decision to sue you. In most states, the jury isnt even allowed to hear evidence concerning whether you are insured or not or the amount of your insurance.

[Archive]

Posted By: Maker's

Make sure you have a fence surrounding your pool and I would put a lock on the gate just to be safe...CYA

[Archive]

Posted By: howard

If you go on vacation make sure you have a responsible house sitter or else drain the pool.

[Archive]

Posted By: leon

In Texas, at least where I live, you have to have a fence around a pool and it be secured. A pool is dangerous. All you can do is take every precaution you can think of, to cover your butt, and then have fun with it.....

[Archive]

Posted By: Frank Wakefield

Well now JK I didn't say for him to not get insurance. But if you couldn't read that, you can't read this, either.

Umbrella policies might attract a lawsuit. Especially if victims know of it. And they could learn about such either from idle talk, or from discovery in the legal proceeding. Huge umbrella polices are ever so slightly a magnet for a lawsuit. If a suit's headed your way anyway it's nice to have the umbrella, I guess.

I still stand by what I said up there earlier. Didn't say for him to not only forego an umbrella policy, but cancel his homeowner's too. I suggested he talk to his agent!!

I used to be a lifeguard, for years. Been a homeowner. Had homeowner's insurance. Been a lawyer. Sued people. Been sued. Even climbed a few pool fences in my day. So I've done all of the stuff from all of the angles but for being an insurance company or agent. I stand by what I said up there.

The reason to not get a pool isn't the liability, it is that they're a constant pain to maintain. It's like a giant toilet bowl that you have to clean constantly. Initially, it doesn't get as nasty as a toilet. But you aren't worried about your toilet's PH, cloudiness, or other issues. Leaves and dirt don't blow into your toilet (unless you live here in Kentucky and you leave the door open to the privy). Maybe you're going to pay someone to tend to the pool... Pools are a pain to maintain.

[Archive]

Posted By: mark

having a fence put up. But, i think no matter what you do to keep people safe you are still liable because it is on your property. Even if some kids do a night time swim and get over the fence you are still liable.

By the way, i live in Connecticut. I am sure every state is different in some way.

[Archive]

Posted By: shane

I work for an insurance company here in Dallas. Insurance companies do underwrite the policy with regards to if you have a pool and if there is a fence, diving board, and if there is a slide. Insurance companies will not write a home that does not have a six foot fence around the pool and/or a slide for the pool. Many of the companies will not write a home that has a trampoline. We have had more claims with regards to a trampoline than a pool. When an umbrella is written by our company, the only people that know that this policy exists are myself, the customer and the umbrella department. So this protects the customer if an attorney has an inside track to our company when finding out how much liability the customer has. The guy that said that the premium increases if you have a pool is incorrect. There is not a surcharge to the policy for this. Liability automatically comes with the homeowners policy. To increase from $300,000 to $500,000 would be an additional charge of $6 a year.
I would suggest that everyone do this regardless if you have a pool or not.

Shane

[Archive]

Posted By: Silver King

I posted several months ago when I joined Net54 that my side hobby was pulling drowning victims from the rivers here in Sacramento. Although all my recoveries have been from places other than pools, we still get those calls too. The victims aren't just the people who drown, it's the entire neighborhood. Friendly neighbors become finger pointing enemies. I know of three very bad pool incidents and one in particular ruined a very nice neighborhood not to mention the mentality of the person who made the recovery. My advice, get one hell of a good fence around the pool and maybe a double gate getting into the back yard. I don't know anything about insurance but if they can't get to the pool, they can't drown.

robert shaw

[Archive]

Posted By: Joe D.

I think a pool opens you up to a whole world of liability.

Just do everything you can to create a safe environment (fence, lock, proper pool cover) so that first - your conscience is clear. Stay diligent.

I would say no matter what you do - if someone gets hurt (or worse) in your pool... you have a good chance of being sued.


In addition to a fence, there is an alarm that you could have installed... basically an invisible perimeter around your pool and if anyone crosses it - the alarm goes off. If you have toddlers - I would suggest getting that alarm regardless. It will be good to be alerted if little feet find their way to the pool. I am pretty sure that is how they market that product as well.

[Archive]

Posted By: Steve f

I've got no legalese to add, but the kids we've gotten to in time (and there are several), most survived, but too many with life-long deficit. These are the most memorable of all emergency responses.

All good points above, Outside of the obvious stuff, ie; rescue hook, no glass, electricity, booze etc.

Whenever someone is amiss, like a little kid doesn't answer you, check the pool first -then the basement, closets etc.

Construct a direct, four foot, paved -not stone path from street or drive to the backyard for the guerney.

Every family member should learn CPR, it's fun, cheap and easy. The local Red Cross could hook you up.

Hardwire an outside 'red' phone with 911 speed dial (cordless, will fail when you need it most).

Beside the phone, screw a plastic 'CPR' poster to that wall, with 'ADDRESS and PHONE #' printed BIG on the poster -You may be busy with the patient and a non-family member, baby sitter, teenager etc will likely be placing the call.

Buy the video, "It Only Takes a Minute" also that poster. Both you should find from the local ARC.

Buy an AED, to keep just inside the pool slider. They're cheap now. Call the FD business line and ask the Medics' which brands cables are compatible with their Monitors, to eliminate confusion, tangling and Pad changeover time.

During parties, always assign a Designated Diver.

Use two float alarms and never let anyone swim alone.

Above all, have fun in your cement pond!

[Archive]

Posted By: mark

I will do everything you guys mentioned. Like you said, i will have a clear conscience knowing that i did everything possible to prevent an accident. There will be always someone watching from the pool and not the window.

[Archive]

Posted By: Mike

I have a large swimming pool and hot tub in my back yard, and in Minnesota a fence is required. And for those who say your rates don't increase substantially, Uhm....they do.

[Archive]

Posted By: shane

Rates might increase in some other states for adding a pool, but here in Texas the rate is the exact same with or without. I know this regardless if you live in Texas or Maine, you can increase your homeowners liability from $300K to $500K for less than 1300 calorie meal at McDonalds.

Regards,
Shane

[Archive]

Posted By: JK

Frank,

I read just fine - thanks for the concern. As I stated - if you dont tell anyone about your policy, no one will find out. As for finding out about an insurance policy in discovery, well unless you know of a way to engage in discovery without filing a lawsuit, then I guess that would mean you've already been sued and its a good thing you have the umbrella policy.

[Archive]

Posted By: warshawlaw

Insurance policies don't attract lawsuits; that is nonsense. Your insurance policy is not public knowledge; there has to be a lawsuit already in progress to compel you to fess up to having one, and if the fight is already on, you are screwed anyway, so better to be screwed with protection than not.

If you are going to build what the law terms an "atractive nuisance", you should take some reasonable steps to protect yourself. The cost of an umbrella policy is modest and the peace of mind is genuine. Pools newly built here, in the land of pools, must be fenced off to avoid little uninvited visitors wandering in and being attracted. Even if the law in your town doesn't require it, plain common sense says you should put in a fence to potentially avert a tragedy involving an unfortunate kid who might wander in and drown if access is unimpeded. Not much you can do to stop drunken idiot guests who dive in and break their necks (nature does weed out the nimrods, after all), but at least you can protect yourself financially from the doofus's heirs. Lifeguards don't guarantee anything, even pros. Last year at our local YMCA, a kid nearly drowned with a lifeguard on duty. My wife saw the kid go under in the deep end and the lifeguard (who was busy chatting up a nanny) missed it. I also know of someone in our former congregation who had a kid drown in their pool during a party; the parents took their eyes off the kid for a few moments and he went to the bottom of the pool.