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Swimming pool liability

Posted by on May. 24, 2009 at 9:02 PM
  • 26 Replies

 We just set up our children's kiddie pool, Slip N Slide and Sprinklers for the summer. Problem is, we live in a manufactured home park, and we technically don't have a "yard"....rather space in front of and behind our home, which is accessible to anyone. There are two families, one behind us and one a tad in front of us...whom allow their young children, one as young as 2, to roam around the place unattended. Every day, the one behind us allows her 5 yr old to just take off...I have seen him wander about 10 houses down and go between houses where she would have no idea where he is or if anyone grabbed him! The other family, lets the kids just play outside unattended...and many many times a day the two yr old is outside ALONE with no one watching him...their freaking front door is closed and I have been in their home...they can NOT see him from inside. I am just TERRIFIED that one of these kids is going to end up hurt or drowned in our pool. Our living room window is blocked by our entertainment center, so when we are inside with the door shut, we can not see our front yard. In the past, we have had to run these kids out of DD's sand box on our deck! And I have caught the two yr old attempting to climb on my husband's 4 wheeler. Now, this child has to cross the street to get to my house and he is always in my yard! So, I can safely assume these kids will be in my yard attempting to get in the pool.

So my question is, if they do and one gets hurt or heaven forbid drowns...am I liable?? For having an open body of water? Or are the parents for not watching their children?? We really can't afford to dump the water and refill every night (we refill every other day) to avoid kids getting in it. But the thing is, we need to fill it in the morning to warm up by the afternoon and it empty at night really shouldn't matter since the kids should be in bed...it's the day that matters. We can't or shouldn't have to wait until right when my kids want to play to fill it with cold water just to avoid a problem with neighborhood kids.

 

by on May. 24, 2009 at 9:02 PM
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Replies (1-10):
sk_tennyson
by on May. 24, 2009 at 9:05 PM

Maybe try a pool alarm or tight fitting cover or somthing like that. I have no clue on the legal side though. I'd be calling the cops if I saw young children roaming about with no supervision.


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SunnyJoJo
by on May. 24, 2009 at 9:07 PM

I have no idea.... That really sucks, have you tried talking to the parents of these kids? (if I missed that I'm sorry.) But I have no idea what your liability is with the pool. It would be sad to make your kids play in cold water just because someone else can't control theirs.

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lizzeh
by on May. 24, 2009 at 9:07 PM

You'd be liable.

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themommaduck
by on May. 24, 2009 at 9:07 PM

What about getting like a supergate fence or something and putting it around the wading pool?"

Mommy2Munchkins
by on May. 24, 2009 at 9:08 PM

It's just a little pool and we can't afford an alarm or cover...don't think one would fit anyways. I have called CPS already and waiting for them to investigate. I have almost hit the two yr old more than once. (with my car)

Quoting sk_tennyson:

Maybe try a pool alarm or tight fitting cover or somthing like that. I have no clue on the legal side though. I'd be calling the cops if I saw young children roaming about with no supervision.


Motherof3inNJ
by on May. 24, 2009 at 9:08 PM

I'd put up a fence, cause you would be liable.

Mommy2Munchkins
by on May. 24, 2009 at 9:10 PM

Can I ask why you say that?

Quoting lizzeh:

You'd be liable.


kdasgirl
by on May. 24, 2009 at 9:11 PM
If its on grass buy a tarp from the hardware store and metal steaks and steak it into the ground so no one can get into it.


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Mommy2Munchkins
by on May. 24, 2009 at 9:12 PM

Well, we would have to find means to buy a fence....it would have to be a "baby fence" bc we are not allowed to install real fences here. Don't think we could afford one right now bc DH nor I have a job. 

jmlgb
by on May. 24, 2009 at 9:13 PM

You are absolutely liable. In fact most cities have laws that if the pool is so many inches deep it MUST have fence around it. 

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