RELEASE AND WAIVER OF LIABILITY FOR USE OF THE SWIMMING POOL

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I'm certainly not advocating or presiding over a pool free-for-all. Kids don't come here uninvited and wouldn't be welcome if they did. We demand and generally get good manners from our kids and their friends and that doesn't include showing up unannounced at the door or gate. It also doesn't include asking them or their parents to sign waivers or making kids bring a parent to play here. That's just not hospitality to me.

I treat people how I'd like to be treated. I wouldn't think of suing someone if my kid was injured or worse in their pool (barring extreme malfeasance) and I assume others will behave similarly. Is that overly naive? Maybe, so sue me. I wouldn't want to go through life assuming the worst about everyone.
 
I had the same question regarding pools and young children and consulted both a lawyer and my insurance agent. Their responses echo what has been posted here...

-Most states do NOT allow a parent to waive the right of a minor to sue. So in general a waiver has zero value.
-Follow a hierarchy of pool saftey - showing a good faith effort to pool safety will help you if you're ever sued, and its just common sense to have a safe environment around a pool
1) Always have adult supervision - if you have to go to the bathroom or answer the phone, the kids have to leave the pool area too
2) Fence and lock your pool
3) Swimming lessons for the kids, especially the ones that live with the pool
 
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