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Thread: Liability or am I just being a freak?

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    First Pool Judith's Avatar
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    Liability or am I just being a freak?

    How do you guys feel about allowing neighbors to use your pool when you're not home?? Seems like a huge liability to me and wanted to know others pool rules. Thank you!!
    Judith and Brian D
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    Texas Splash's Avatar
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    Re: Liability or am I just being a freak?

    Personally, I would not do it on a typical basis. You just never know what could happen while you're gone - not just to them personally, but to your pool and/or equipment. However, if I was going out of town for a significant length of time and needed my neighbor to help clean or add chemicals to the pool, I might use that as an incentive on a case-by-case basis .... only if I really knew them and felt I could trust them.
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    Household6's Avatar
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    Re: Liability or am I just being a freak?

    Heck, having the pool at all is a huge liability. It's the chance we all take. I'd suggest if your friends have kids that YOU personally also talk to the kids to make clear that they are not allowed in your pool nor in your backyard if an adult is not with them. Have them repeat the words back to you.
    And if they EVER do such, absolutely no second chance. Period.

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    Re: Liability or am I just being a freak?

    I think it is an immense liability... who is going to actually end up in the pool? Neighbors? Guests of Neighbors? And at some point, the legal question may arise as to who doesn't have permission to be in the pool?

    We really need an insurance industry representative and an attorney to weigh in on this, but to me, this just seems like inviting financial and legal disaster.

    [Edit] Using Google, I found a wealth of information on the subject and none of it was good for the pool owner. The pool owner is actually legally responsible for making the pool inaccessible and (essentially) hidden from view. In additino to that is preventing all manner of safety issues like puddles and anything else imaginable. [/Edit]
    Last edited by ewkearns; 06-06-2015 at 11:01 AM. Reason: Additional Comments and Information

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    Mod Squad tim5055's Avatar
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    Re: Liability or am I just being a freak?

    Your insurance company and a liability "defense" attorney is going to say fill it with dirt.

    Yes, it is a liability and I would not allow neighbors to swim if I were not home.
    TFP Moderator 39 X 18 23,000(ish) freeform gunite; built 2007ish; Pentair Triton II TR100 600lb Sand filter; 2 HP Pentair pump with 2.2 HP AO Smith single speed motor; 2 skimmers, 1 main drain, 4 returns w/waterfall, Stenner 45MHP2 3GPD running@ 60% - 15 gal Tank; heated by the sun CYA 200+ when I started - 50 now. Dolphin Supreme M5 Pool Cleaner. Hot Springs SX Spa, 285 gallon

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    PoolESQ's Avatar
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    Re: Liability or am I just being a freak?

    It is a huge risk to allow individuals to use your pool when you are not home. This is especially true if your guests invite more guests. The standard for most of these types of claims is negligence, but truth be told if someone gets hurt or killed on your property, your insurance company is likely to settle the claim under most circumstances. If you were to turn over your pool to friends who don't know how to operate pool equipment or who don't know basic safety rules of pool use, and someone gets hurt, you could be found negligent. If your friends forget to lock/close the gate, put the pool cover on, etc and a kid gets in there and drowns, you will be liable. To me, it's just not worth it. You should just set the expectation that no pool if you are not home.

    Also, please, please, for your financial safety, purchase a $1M+ umbrella liability policy. These policies are extremely inexpensive but should the unfortunate happen, could be the difference between financial solvency and bankruptcy.
    Replastered 2015: Sunstone Quartz Midnight Blue 16x32 rectangular gunite with in-pool spa....18,000 gallons. Autopilot Total Control System with SWG and acid pump. Pentair Clean & Clear 420. Auto cover. TF-100.

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    Divin Dave's Avatar
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    Re: Liability or am I just being a freak?

    Dont do it.

    Dont even let neighbors use it unless specificall invited either. You will never get rid of them.
    Divin Dave,
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    Isaac-1's Avatar
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    Re: Liability or am I just being a freak?

    I tend to agree with Dave, with my pool there is a short list of people that can ask ahead of time if it is ok to bring the kids over to swim, etc. These people are generally people we have known for many years, or they are family members. The key here is for them to always ask ahead of time, and usually it is ask well ahead of time, not the can we bring the kids over and swim in 15 minutes, but instead it helps to have at least a few hours of advance notice. They all also know the answer is not always yes, and don't over do it. I might feel differently about this subject if the pool were right outside the backdoor of the house as so many pools are, but with my situation is is about 50-75 feet from the house so is slightly more isolated.
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    Re: Liability or am I just being a freak?

    I guess you have to ask yourself if the possibility of losing everything you own IF someone gets hurt is worth letting your neighbors swim when you're not home or even when you are home. Here are our pool rules. My daughters who are grown and gone ALWAYS call to ask to use the pool even tho this is their home. As far as extended family and friends it is by INVITATION ONLY. My gate is padlocked when I'm not home. Owning a pool can certainly weed out who your real friends are and who aren't. We invite our friends over several times a year for small pool party get togethers. Most of the time they bring kids/grandkids and let them swim while the adults sit and chat for a while and get the BBQ going for eats and drinks but beyond that it is a closed pool to anyone other than immediate family. And adult supervision is an absolute MUST.
    26700 gal IG vinyl lined pool. Clean and Clear 100 sq ft cartridge system, 1 hp Pentair SuperFlo pump

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    Saturn94's Avatar
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    Re: Liability or am I just being a freak?

    Quote Originally Posted by Divin Dave View Post
    Dont do it.

    Dont even let neighbors use it unless specificall invited either. You will never get rid of them.
    +1!!!
    20k IG vinyl liner/Aqua Rite SWCG, T-15 cell/Hayward Pro Grid 6020 DE filter/Polaris 280 with booster pump/Hayward Superpump 1 hp/city water/pool installed March 2004

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    Mod Squad YippeeSkippy's Avatar
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    Re: Liability or am I just being a freak?

    Quote Originally Posted by PoolESQ View Post
    Also, please, please, for your financial safety, purchase a $1M+ umbrella liability policy. These policies are extremely inexpensive but should the unfortunate happen, could be the difference between financial solvency and bankruptcy.
    Yup- got mine for $183/year from USAA. That and my autocover are two reassurances we put in place-huge weight off our minds.
    My Amazon Smile for November12K Fiberglass IG, Infinity 4000 automatic cover, SWCG, Hayward Sand Filter, Hayward 1.5 Pump, Doheny Discovery Robot, Savi Melody LED pool lights, outdoor speakers and other assorted doo-dads. Sundance Altamar Hot Tub.
    Our pool build--> Our Pool Solved Our Sloping Yard Skippy's Cheap Pool Cooler -->Skippy's New Fountain

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    Re: Liability or am I just being a freak?

    Quote Originally Posted by YippeeSkippy View Post
    Yup- got mine for $183/year from USAA. That and my autocover are two reassurances we put in place-huge weight off our minds.
    Agreed - same thing through State Farm. Not expensive at all and you just never know what can happen - even outside of the pool area. That being said, the pool should only be open to guests when you are there. As someone said in an earlier post, you may trust your neighbors, but you don't know who's going to invite who and which one is going to be the jackass that gets themselves or someone else hurt. At least if you're home, you can monitor who's there. As far as opening your home, we just do a FB post during pool season saying the pool is open that morning, then people text or msg and ask what they can bring. Usually turns into a cookout, but that's the point, right?
    Bonnie

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    Casey's Avatar
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    Re: Liability or am I just being a freak?

    No one swims in our pool unless I say so.
    I'd bet you my bikini you'll never get TFP water from a pool store!

    24' Sharkline Venture De Filter

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    Re: Liability or am I just being a freak?

    All i got to say is heck NO
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