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I have a pool. I have insurance. There is no fence around my pool.
#PoolsKillBanPools
Besides insurance, in every city I've ever heard of, there are laws/regulations requiring fences around pools, and even specs stating what fencing requirements there are.
If you don't have a fence around a pool, you can be held liable for any accident from kids who wander into it. Under the law, it's called an "attractive nuisance," meaning that anyone with a pool knows or should know that it's foreseeable that kids will be drawn to it and will try to go into it.
If you have a regulation fence, though, you should be in the clear, if the gate was closed and such. The owner must take reasonable precautions to prevent kids from gaining entrance.
I have a pool. I have insurance. There is no fence around my pool.
#PoolsKillBanPools
How old is your pool? Fencing might not have been a code requirement when it was built and you are grandfathered in.
In NJ, it is law to have your pool fenced. We built ours about 8 years ago and have a self closing gate and 5 foot fence surrounding it. There is a home around the corner that also has an in-ground pool, but since it was put in long ago before laws changed they do not require it to be fenced.
If I had a pool, there's no way I wouldn't have it completely enclosed by a fence with a locked gate.
For precisely this reason. It's a no-brainer.
And, no - I wouldn't say "Well, the parents should have been watching them so I don't need my pool secured."
Yes, it's true that those toddlers should have had supervision. But I wouldn't rely on that. I'd rather put up a fence and gate, than know a child died because I didn't.
I completely agree. How horrifying for the family that owned the pool. Imagine next summer, swimming and trying to relax in a pool where two children died. Sad, sad, awful situation.
Also, here in Illinois, I see tons of large, above-ground pools with minimal to no fences. Most backyards are not fenced either. At the far edge of my neighborhood is a house with a pool that backs up to a semi-residential street. Anyone walking down the street could easily get in the pool in a matter of seconds. We also have retention ponds everywhere, and toddlers and young children occasionally wander in and drown.
Interestingly, all the pools around here must have a self-closing, self-latching gate.
I've always found that annoying, bc sometimes I need to carry things in and out and, for example, my backyard gate requires a pretty heavy object to hold it open, but it seems wise now.
Even when we installed the driveway gate (you know, one of those remote control moving fences that blocks off the entrance of your driveway), the installers told us that they had to have an automatic closing feature any place that had a pool. So you open it, drive your car through, but the gate was programmed to close after a certain amount of time. The law says one minute for all automatic gates.
We were able to have that feature turned off bc we have the regular perimeter gate still fencing off our yard beyond the driveway.
None of this makes a difference if the kids climbed over or through the bars.
The law here is very particular about how high the fence is, protrusions being disallowed (I suppose so they can't be climbed), how the spacing can be from side to side and bottom, etc. Even the height of the latch and whether they have to be on the inside of the fence or outside.
None of these things is as good as alert, diligent supervision.
When they get older, they don't self close as well.
At our old house we had a pool and we also had young kids in the neighborhood, an autistic kid, dogs. We set up a locking system that would keep dogs in and young people out. We laminated directions in English and Spanish and hung them, reminding people to ALWAYS secure the gate every time they opened it.
Yeah, it was left open more times then I could count. Including by fire fighters when they came out to put out a fire on an electric pole in my back yard!
And you are 100% right...the 2 and 3 year old babies should have been watched closer.
Very sad story. I feel bad for all concerned. The parents, the great grandmother and the rest of the family for the loss. The neighbors are also victims.
Very, very sad. RIP and my condolences to the family.
That said, it is very obvious that "The 2-year-old girl and 3-year-old boy were NOT being watched by their great-grandmother when they left the house sometime Monday morning." Added word, underline and emphasis, mine. Very bad writing by the reporter!
Besides insurance, in every city I've ever heard of, there are laws/regulations requiring fences around pools, and even specs stating what fencing requirements there are.
If you don't have a fence around a pool, you can be held liable for any accident from kids who wander into it. Under the law, it's called an "attractive nuisance," meaning that anyone with a pool knows or should know that it's foreseeable that kids will be drawn to it and will try to go into it.
If you have a regulation fence, though, you should be in the clear, if the gate was closed and such. The owner must take reasonable precautions to prevent kids from gaining entrance.
Unfortunately, there are places that do not require fences, although I would think every homeowners insurance company would require it (I could be wrong about that). We bought a 5 year old house that had a pool but no fence. We were horrified knowing this pool had been unfenced for 5 years, with a toddler next door. Before we even moved in, we had contracted with a fence company to put up a 6-ft iron fence. Our insurance required it (we would have done it anyway) but because we are in an unincorporated area near San Antonio, the San Antonio ordinances don't apply. A fence around a pool is not a legal necessity in this particular area. There are unfenced pools elsewher in our neighborhood, which pizzes me off. I'm assuming their insurance company simply doesn't know they put in a pool. Stupid and irresponsible, plus taking a HUGE financial risk if something happens, like in OPs story.
Why was it the neighbor's responsibility to safe guard the pool? It is not their responsibility to childproof their yard because their neighbor can not properly watch a child. We do not know how well the neighbors knew each other they could have not known that the grandma was watching the kids. Expecting others to change their yard or house because you can not be a responsible parent or guardian is unfair.
Agreed 100%, it seems people want to shift the blame onto the neighbor. When you've got small kids, it's your responsibility to watch them at all times.
Why they would leave their kids with a great-grandma is beyond me. She was probably asleep.
I am a great grandma- 63 -I work- run an office and million of dollars worth of stuff ? and?
I do have my gates locked with a BOLT and screw in NUT, nobody going in my pool unless pushed from an airplane-- sad sad sad
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Including by fire fighters when they came out to put out a fire on an electric pole in my back yard!
RIP and my condolences to the family.
Agreed 100%, it seems people want to shift the blame onto the neighbor. When you've got small kids, it's your responsibility to watch them at all times.
