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Old 09-21-2016, 01:04 PM
 
Location: At the corner of happy and free
6,471 posts, read 6,670,076 times
Reputation: 16345

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Quote:
Originally Posted by CCG2015 View Post
Wouldn't the child have to have permission to go into the pool? I don't see how a homeowner could be responsible for the neighbor's children wondering onto their property WITHOUT permission, technically that would be trespassing on the kids part. Probably wouldn't matter in this sue happy world but if a neighbors kid was doing something in my yard without my permission to be there then that is on the parents/guardian.

I know plenty of people with pools but none of them have fencing around them, maybe that has to do with the area or type of pool..i don't know but most of my friend's pools are in just in their backyard w/o fencing.
No, that's not how it works. In the case of OPs story, a 2 and 3 year old child cannot be held responsible for "trespassing," but adults involved must accept their share of responsibility under the law. Someone else pointed out the concept of "attractive nuisance." (Google it if you're unfamiliar).

I cannot imagine having a pool (especially in-ground) without fencing it. It's as reckless as leaving a loaded gun lying in your front yard. Yes technically no one should trespass and be injured by either one, but both are a risk I'm not willing to take, for the sake of neighborhood children as well as my own financial security.
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Old 09-21-2016, 01:04 PM
 
Location: Lexington, Kentucky
14,766 posts, read 8,093,254 times
Reputation: 25120
If you watch the video, there was an iron fence around the pool -- and another around the yard...but the children managed to get in anyways. The lady says the other time she found the two children in her backyard they were completely naked.

I feel terrible for the parents, but you have to watch children that age better than that...or find better child care.

https://www.yahoo.com/news/2-missing...010210447.html
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Old 09-21-2016, 01:59 PM
 
62 posts, read 84,086 times
Reputation: 93
Quote:
Originally Posted by kayanne View Post
No, that's not how it works. In the case of OPs story, a 2 and 3 year old child cannot be held responsible for "trespassing," but adults involved must accept their share of responsibility under the law. Someone else pointed out the concept of "attractive nuisance." (Google it if you're unfamiliar).

I cannot imagine having a pool (especially in-ground) without fencing it. It's as reckless as leaving a loaded gun lying in your front yard. Yes technically no one should trespass and be injured by either one, but both are a risk I'm not willing to take, for the sake of neighborhood children as well as my own financial security.


I actually had to google that. looks like there are a few conditions to be considered to be held liable under attractive nuisance but still, I couldnt imagine being responsible for my neighbors neglect of their kids and having them wonder in my yard.
I'm not a kid person so I really don't pay attention to them. as far as Im concerned thats their parents job and quite frankly not my problem. I dont mean to come of rude or anything but srsly, ppl need to start taking responsibility for their own children.
Luckily I dont have a pool but I know none of my friends were ever required to fencing around theirs. With all that said, the lady in this story did have fencing around her pool, so could they still sue her? According to the story, I dont see what else she could have done to keep them out of her property aside from calling cops when they enter.
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Old 09-21-2016, 02:09 PM
 
Location: Yakima yes, an apartment!
8,340 posts, read 6,779,917 times
Reputation: 15130
Quote:
Originally Posted by Suburban_Guy View Post
Grandmother now has to live the rest of her days knowing she won't be able to hug them and was their safety and failed at it...

I wonder if she's going to make it a year before committing suicide.
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Old 09-21-2016, 02:24 PM
 
671 posts, read 853,756 times
Reputation: 1037
Quote:
Originally Posted by dude1984 View Post
Did they all get knocked up when they were 12?
I knew a 28 year old grandmother of twins. She proudly announced to me that she had her daughter at 14. Her daughter (mother of the twins) was also 14. If the grand daughters follow in the family tradition, this woman will be 42 when she becomes a great grandmother.

It happens....
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Old 09-21-2016, 02:30 PM
 
2,089 posts, read 1,416,016 times
Reputation: 3105
Parents (and the grandparents) lose their two young children and now their great-grandmother gets to spend the rest of her life with that burden of guilt on her shoulders. A an unbearable tragedy.
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Old 09-21-2016, 02:39 PM
 
Location: Glasgow Scotland
18,525 posts, read 18,732,187 times
Reputation: 28767
The blame and resentment can leave terrible scars, I read about Lou Costello and how while he was at work his wife didnt notice their baby boy of one get out of the playpen and head for the pool.. the baby drowned, the mother turned to alcohol and both parents died close in time to each other never getting over the tragedy..
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Old 09-21-2016, 02:40 PM
 
671 posts, read 853,756 times
Reputation: 1037
RIP little ones.
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Old 09-21-2016, 02:45 PM
 
15,523 posts, read 10,489,155 times
Reputation: 15807
We lock our gate and have a floating motion protector. But, what if we weren't home, scary.
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Old 09-21-2016, 02:55 PM
 
Location: Native of Any Beach/FL
35,681 posts, read 21,030,020 times
Reputation: 14232
Quote:
Originally Posted by Aery11 View Post
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!
She could have went to the restroom ? Was cooking and kids did the slip. They apparently knew the way. - just sad .
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