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The Insurance Information Institute published an article on the insurance and safety implications of owning a swimming pool.
The article highlights the very serious liability concerns associated with owning a swimming pool no matter what size, shape or depth. It is very important to realize as a swimming pool owner that you are responsible for everything that happens in the pool regardless of if you are home or not.
Your pool is an attractive nuisance
Many pool owners believe that by fencing in their swimming pool and posting trespassing signs that they are relieving themselves of the liability exposure the pool presents. This is a very worrisome misunderstanding. 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.
The attractive nuisance doctrine also applies to jungle-gyms, basketball-hoops, abandoned cars, piles of lumber or sand, trampolines, and swimming pools. It can be applied to virtually anything on the property of the landowner.
Please do not start muttering to yourself about “it’s my land,” and “this is America, I can do what I want.” The courts do not care. If you build or install something in your backyard or on your property that injure or kill someone you are responsible for it. Trespassing, permission, these concepts don’t matter in this case.
The insurance take-away
Understanding your liability as a homeowner is extremely important. If you have questions as to the liability exposure you may have in on your property a good place to get advice is from an independent insurance agent.
Photo: Flickr, valcanno, Creative Commons Attribution-NoDerivs 2.0 Generic
When I was selling real estate, I remember how often sellers were surprised to learn that the in-ground pool actually detracted from the home's value. They didn't understand that pools are nuisances, and they eliminate a good portion of your buying public - including those who understand the insurance costs associated with pools.
Good article, Ryan.