Your Swimming Pool is a Very Attractive Nuisance

by Ryan Hanley
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The Insurance Information Institute recently published an article on the insurance and safety implications of owning a swimming pool:

This article brings to its reader’s attention the very serious liability concerns associated with owning a swimming pool no matter what size, shape or depth.  As a swimming pool owner you are responsible for everything that happens in the pool regardless if you are home or not.

Many pool owners believe that by fencing in their swimming pool and posting trespassing signs that they are relieving themselves of liability on the pool.  This is not a proper assumption.  According to Wikipedia, under the attractive nuisance doctrine of the law of torts, a 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 (www.wikipedia.org).

The attractive nuisance doctrine also applies to jungle-gyms, basketball-hoops, 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.

Understanding your liability as a homeowner is extremely important.  If you have questions as to your liability exposure please contact your insurance professional for their opinion on your specific risk.

Disclaimer:

This article is for informational purposely only. There is no legal advice being suggested or proffered and the author assumes no responsibility or liability for the actions take or not taken by the readers based upon such information.

Thank you,

Ryan H.

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About Ryan Hanley

I passionately believe learning to effectively communicate online will help each of us to become the best version of ourselves...

  • http://www.ryanhanley.com/about Ryan Hanley

    Thanks Tom, I appreciate you stopping by.

  • http://www.ingroundpoolssmall.net Inground Pools Small

    Thanks for information, I'll always keep updated here!

  • http://www.ryanhanley.com/about Ryan Hanley

    Thanks Tom, I appreciate you stopping by.

  • http://www.ingroundpoolssmall.net Inground Pools Small

    Thanks for information, I'll always keep updated here!

  • zxt

    I completely agree with Marie Kimes. If your property is properly fenced then the owner should not be liable for anything happen inside of his property especially if he or she didn't invite them in.

  • Pingback: Vote on this article at blogengage.com

  • admin

    I agree with you that our sue happy society has drastically changed the American value system. But insurance agents and the insurance industry in general had nothing to do with it. I promise you that an insurance company does not want to make a million dollar payout when there is a death in an insured’s pool.

    It is infinitely important however to understand that as the law stands now you are at risk and to properly protect yourself.

    Thanks for the comments!

    [WORDPRESS HASHCASH] The poster sent us ’0 which is not a hashcash value.

  • http://www.ryanhanley.com/about Ryan Hanley

    I agree with you that our sue happy society has drastically changed the American value system. But insurance agents and the insurance industry in general had nothing to do with it. I promise you that an insurance company does not want to make a million dollar payout when there is a death in an insured’s pool.

    It is infinitely important however to understand that as the law stands now you are at risk and to properly protect yourself.

    Thanks for the comments!

    [WORDPRESS HASHCASH] The poster sent us ’0 which is not a hashcash value.

  • Howard Wallowitz

    Leave it to the insurance agents and lawyers to twist the law for sue happy people. Makes me sick and I have a pool!

  • Howard Wallowitz

    Leave it to the insurance agents and lawyers to twist the law for sue happy people. Makes me sick and I have a pool!

  • Marie Kimes

    This law is ridiculous! This allows for 100% liability on the pool owner and it should NOT. Parents should have accountability for teaching their children right from wrong. It is not acceptable to trespass on someone’s property period! The law should allow for protection of home owners and pool owners in some capacity. For instance, the incident at the Schenectady public pool where it was securely fenced in. Young adults who were intoxicated purposly vandalized the fence by cutting it to get into the pool area. Once in the pool, one of the young adults unfortunately drowned. While this is regretable, the parents sued and WON from the City of Schenectady. We all know this was completely wrong of the young adults and the parents who sued. People need to take accountability and responsibility! We live in a sue happy world and it needs to STOP. We need to go back to “Leave it to Beaver” days where the parents actually disciplined their kids properly. Today, parents think their kids do no wrong – well the parent’s are really in for a surprise. When your kids are down the street, they are doing things behind your back! Trust me – I know…I see it and I hear it everyday. Take stock people!

  • Marie Kimes

    This law is ridiculous! This allows for 100% liability on the pool owner and it should NOT. Parents should have accountability for teaching their children right from wrong. It is not acceptable to trespass on someone’s property period! The law should allow for protection of home owners and pool owners in some capacity. For instance, the incident at the Schenectady public pool where it was securely fenced in. Young adults who were intoxicated purposly vandalized the fence by cutting it to get into the pool area. Once in the pool, one of the young adults unfortunately drowned. While this is regretable, the parents sued and WON from the City of Schenectady. We all know this was completely wrong of the young adults and the parents who sued. People need to take accountability and responsibility! We live in a sue happy world and it needs to STOP. We need to go back to “Leave it to Beaver” days where the parents actually disciplined their kids properly. Today, parents think their kids do no wrong – well the parent’s are really in for a surprise. When your kids are down the street, they are doing things behind your back! Trust me – I know…I see it and I hear it everyday. Take stock people!