Query for Homeowners with pools, fencing laws and neighborhood parents that don't supervise their kids?

Question

Why is it that a homeowner "has" to have a fence errected around a swimming pool on their property? I understand the issue about keeping kids safe, but what if I don't have kids?

Why should I have to alter my property when someone doesn't belong on it without my permission in the first place?

Furthermore, where are the parents of young kids that sometime wander off? They should get their kids taken away by child protection for improper supervision.

This is just the same as if I had something else dangerous on my property (ie...power tools), so why do I have to HAVE a fence for a pool, but not the other items...

I am looking for homeowners who live on the property to answer this, not those who rent the properties.

Answer 1

The public has a right to be protected from idiocy in their community. Much like the traffic law that helps protect you by requiring vehicles stop at red traffic lights instead of driving through them and t-boning you and ripping the bones out from under your skin, children too need protection from the foolish and inconsiderate.

Answer 2

Essentially the reason for this is that your swimming pool is an "Attractive nuisance." This is a legal term that describes an item such as a pool, play area, animals, etc. that have a tendency to "attract" the attention of younger children.

Without a fence (even with it in some circumstances) you are liable for any death or injury suffered as a result of your attractive nuisance. This causes an increase in insurance liability and payouts by insurance companies, who lobby for the passing of laws to regulate these types of items.

Best advice, put up a fence with a LOCKED gate, and post all applicable signs (No Trespassing). Wouldn't you rather enjoy your pool without having to worry about little Billy's parents suing you for a few million in a wrongful death suit?

Answer 3

well, techinically, you don't necessarily have to, but its a good idea...in todays lawsuit happy society, anything can happen. if something happens on your property, you are liable, no matter what. for instance, cleaning snow off of your sidewalks in the winter. people do that because if somebody would happen to slip on the ice and fall on your property, you could be held liable. it is sad, but thats the way our system works right now.