How do I get my neighbors to put up a fence around their new pool?

Question

There are tons of kids in the neighborhood and we are worried about them being interested in the pool and making their way into it. There is no current fence around it, and no requirements for a fence by the county/city offices. Can anything be done?!

Answer 1

Have you tried talking to them? After all, they’re a neighbor and talking to them is simply being friendly. Going to city or county zoning control is not friendly.

Invite them over for dinner. During this dinner tell them that you have a concern. Not just for the children, but for their position of potential liability.

They have what is termed in most States, an attractive nuisance. Meaning that its existence draws interest of others. In particular children. If something bad happens, say a drowning or a broken neck from a dive, they will likely be sued and it is in their interest to demonstrate that they considered such an eventuality and took steps to mitigate their liability.

This could include more than a fence. That is, when they are away neighborhood children can use that opportunity to scale the fence (if one existed) and use the pool anyway. A locking pool cover might also be a reasonable investment.

I am surprised that their builder (or the company that sold them the pool) hadn’t informed them of such a need. If a suit occurs, it is quite likely that builder would also be a defendant in the suit.

Answer 2

I know in some towns it is against the law not to have a fence around you pool. You might try calling the police and seeing what can be done. I know this sounds mean. But it would be better then having a little kid die in thier pool.

Answer 3

Explain to them the legal liabities they have without a fence around the pool. For example, if a young child wonders into their yard and accidently falls in the pool, drowns, and dies; it is the owner of the pool who takes all result of the child drowning. Not the neglect from the parent who let their child roam aimlessly, but the neglect of the pool owner, who in the legal world, should have expected something like this to happen.

Answer 4

Call a lawyer about filing an 'attractive nuisance' complaint about it. This means that they will have to fence it or accept (legally) that they realize it may cause bodily harm to individuals other than themselves. Few people will take that risk. It also means that if someone does get hurt, you can make them get rid of it or fill it. You can try having the neighborhood sign a petition to get it fenced. I am surprised their homeowners insurance doesn't make them fence it!

Answer 5

Usually homeowners insurance requires a fence around a pool, if all else fails enjoy a moonlite dip courtesy of the neighbors, bathsuit optional

Answer 6

Find out what home owners insurance they have and take a picture and write a letter about how unsafe it is and how not if but when a child drowns in it will they pay for the loss.

THe insurance will require the home owner to put up a fence. or drop them.

Answer 7

I am really surprised they don't have a fence, because it is the law in some states, heaven forbid someone drowns in it, then you will see a law go in place, do you have a local representative that you can call and double check on the law regarding fences.

Answer 8

Find out when the zoning board meeting is for your county and go to it and voice your opinion and see if you can get a group of people from your neighborhood to go in with you when you voice your opinion on that subject.

Answer 9

Check with your town or county government to see what laws & codes they have in place regarding pool security and safety, most do. If not, then not much.

Answer 10

If you know who their homeowners insurance is through..call them.. in most states it is law that a fence be around the pool and their homeowners insurance can be revoked.