Protection from legal action for accidents

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ROTJob

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Jun 2, 2011
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We are still waiting for our pool to be installed. Some rain caused some delays this weekend, so I've had time to think about some things.

How do you all handle liability issues with regard to kids in the pool? My understanding is that if someone gets hurt on your property, you are liable for it. Is this true or is it a myth? What is the best way to limit liability?

Some suggestions I have heard/read already are:

- never let children swim unsupervised
- require the parents of a child to be present and be responsible for their own child
- post a set of pool rules near the pool and make each child read them before entering
- have the parents sign a liability release
- don't allow kids in the pool area at all

The last one is just not realistic. The other ones are more so. I am just trying to find a balance between limiting my liability and not totally destroying the fun aspect of having a pool.

Thanks for any advice.
 
Liability is a slippery subject. Make certain you have liability insurance. The first level of protection is to make certain there is nothing that poses an unusual risk above and beyond the risk of having a swimming pool at all. That means having a fence with a gate that is kept locked, making certain your drain covers, if there are drains, are compliant with current rules, that the electrical system is up to code, and taking all of the obvious precautions like that. If there is something obviously dangerous/wrong and you let people swim you will be liable.

However, even if you take every ordinary precaution you can still be liable in very very rare, extreme, and tragic situations. There have been some very scary court cases, where people who did everything right were held liable for things that no sensible person would consider their fault. When people die tragically, juries do strange things sometimes. That is just the way of the world. If you are totally risk averse, you shouldn't have a pool :)

Trying to be more realistic, about plausible precautions: Your first three points are great ideas. However, asking parents to sign a liability release is pushing it in my book. That is very likely to cause social troubles.
 
Set rules and limitations and expect people to abide by them... if they don't, they don't come back to swim simple as that.

You have those rules for both your safety (liability) as well as their safety. If they don't like or agree with your rules, they don't have to swim at your pool.

Also be sure your insurance is aware of your pool and be sure you are up to their regulations for the pool. My insurance company simply wanted us to be in line with our local codes which we were doing anyway, but good to be sure.
 
The liability portion of your homeowners will cover anything that happens. If you don't already have an umbrella policy now would be a good time to get one. They're cheap.
 
bosox1086 said:
If you don't already have an umbrella policy now would be a good time to get one. They're cheap.
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I'm convinced this is about the only method that will make a difference. Of course if things are not up to code that will cause problems too.

Our city inspector said that if anything is not up to code your insurance can deny any claims.
 
Def. be sure you have proper permits and are up to code with everything, ie, fences, gates, pool barrier or steps etc. My dh is a lawyer and represents home owner policies. So if you got sued dh would be your man. :goodjob: from the insurance company. Anyway, he hates when people didn't get proper permits because it already shows the person wasn't overly concerned with following proper procedures.

Since we have everything up to code, my biggest concern is that parents watch their kids when they are in the pool. I'm not afraid to call a parent out either. :mrgreen:
 
Speedo said:
bosox1086 said:
If you don't already have an umbrella policy now would be a good time to get one. They're cheap.
Click to expand...
Our city inspector said that if anything is not up to code your insurance can deny any claims.
Click to expand...

Most city building inspectors are contractors that couldn't cut in on there own so got city jobs. They usually barley know construction practices and are certainly not experts on insurance or legal issues. Your insurance will cover what your policy says it will cover.......... read it.

Umbrella insurance is a great idea - and it is cheap.
 

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I dont know if all states do this but in Maryland when all of your permits are satisfied, electrical, plumbing, building, you or the pool builder will call for a final inspection in my case I had to do it, they will come out and check that all permits are closed and make sure all safety devices are in place they check everything off and about a week later you will recieve a occupancy permit just like a house you then send a copy of that to your insurance company. Swimming pool codes are very specific inground or above doesnt matter..........
 
Depends on where you live. Rural people may not have the same requirements as IN city limits. We did make sure of insurance coverage. My rules are the same regardless, parents must supervise their own children, if the childs chin is not above the water while standing, they must wear a life preserver in the pool unless the parent is IN the water with them. I dont care how much they insist that little Billy is a good swimmer
 
For anybody reading this that doesn't know: an Umbrella policy is designed in part to fill in some gaps in your homeowners policy and primarily to give you protection above and beyond your policy. We are usually talking multi-million dollar policies. The good news with that is they are so rarely used (since the home policy is typically enough) that the rates are very cheap per thousand. As long as you are well covered in your homeowners policy, umbrellas can be a great peace of mind at a relative discount. Talk with your agent, there are some companies that only do umbrella policies and so can be recommended freely if your insurance company doesn't work with them.
 
Typically umbrella policies raise your liability coverage on everything you can have liability on - auto, homeowners, boat, airplane, etc. Most companies will require you maximize your regular policies on all of the above. The reason for having an umbrella is to have coverage in the event of a sky high judgment. Say your homeowners covers liability up to $100,000 and your sued and the jury awards $800,000 - the insurance company pays the $100,000 and you are responsible for the remainder. If you have a $1,000,000 umbrella then your homeowners would pay the first 100K and the umbrella would pay the remaining 700k. The umbrella policy is cheap, but having the maximum on auto and home can cost a few bucks.
 
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