Required signage (Legal)

[Macboy]

Hello all! I hope everyone has survived their winters. Ours was brutal. Hopefully it breaks this weekend and spring ushers in. Already our thoughts are returning to getting the pool set up to enjoy...a full summer of heated water....what a luxury that’s going to be!

My wife was chatting about things pool related with someone today and it was said that even with proper fencing and locked gates etc you still must have a sign posted that specifically states “No lifeguard on duty, swim at your own risk” to avoid being liable if someone jumped your fence, fell in and drowned. Has anyone heard of this? I’m semi skeptical but then again in the world of lawyers and the courts it wouldn’t surprise me.

 

[mknauss]

I have never seen that in the USA. Not sure about Canada.

Would seem odd since they are trespassing (breaking the law) by being in your yard.

 

[ajw22]

Never heard of that. And never seen a sign like that on a private pool. Sounds like an urban myth. Probably started by the companies that sell those signs.

Read Does a “Swim at Your Own Risk” Sign Actually Do Anything? and https://www.aquaticsintl.com/facilities/management-operators/swim-at-your-own-risk_o

 

[Arizonarob]

I have This sign in my backyard.

 

[cfherrman]

Signs and waivers typically only keep the honest, honest. If you did not do what you could to keep the pool safe your liable with or without that sign.

 

[Donldson]

In the US the laws regarding pool safety are decided locally, so with hundreds of thousands of local codes across the country I'm sure this is a rule somewhere. However, I'm with the others in thinking this sounds like one of those "laws" that people swear is real because they have a friend who swears it is real because their friend swears it is real, etc. Best option is to either consult a lawyer or your local governing body. We know a lot about pools, but most of us barely know our own local regulations much less anybody else's.

 

[borjis]

When I got a new liner it came with a sign that reads: "No Diving" which, for my 7ft deep pool makes sense.
It also has a list of do's & dont's. I have it in the pool area and tell any new guests not to dive.
Not quite the same as no life guard, but safety wise, a good measure.

 

[Bosley]

I am in Parkland county and when looking into the regulations for setting up my pool, signage was never mentioned. Now your in Edmonton so it could be different but i highly doubt. I also agree with on our winter being brutal. Another 6" of snow today!

 

[JoyfulNoise]

It falls under Tort law as the Attractive Nuisance doctrine -

Attractive nuisance doctrine - Wikipedia

As long as the homeowner takes the necessary regulatory actions (follows local pool safety building codes, etc), then the chances of successfully being sued are low. Of course, there’s a lot of room for interpretation in tort law so a homeowner can be sued for lots of things.

This is why you have homeowners insurance - it’s a hedge against these types of lawsuits and immunizes you against liability as long as you are proactive and following the rules.

 

[BMK]

Obviously the person already KNEW there was no lifeguard on duty....otherwise he wouldn't have jumped the fence!

 

[Arizonarob]

I have a padlock on my gate, 6ft block walls, and cameras. The way I look at this is, you jump a 6ft wall and drown in a 5-1/2ft deep pool, well....

 

[JamesW]

In today's litigious society, you should have a stack of waivers of liability available for trespassers to fill out before they swim. Something like this:

I [trespasser name] do hereby acknowledge that I am illegally trespassing on [property] after defeating several layers of security.

I assume all risk in my illegal use of the property, including the pool.

I hereby indemnify and hold harmless the property owner and insurer.

Signed [Trespasser signature]
Notary [Notary stamp]

Then, leave the stack of waivers on a clipboard with a sign instructing the trespasser to fill out, sign and notarize the form.

 

[chayne]

JamesW, that is too funny. guess i will print out some and put it next to my pool deck gate so if anyone gets past the 8ft fence and gate then HOPEFULLY they will fill out a waiver. what would be funny is if that waiver could be found online somewhere. i would have to print it in and post it on like a dry erase board or something similar.

 

[aussieta]

then there is the guy in the uk who was fined for his large fishtank in case somebody jumped his fence and fell in
Man told to remove a garden pond 'because it could be a danger to burglars'

 

[rajung]

Kind of like the signage at shopping stores" not responsible for shopping cart damage" it's their property, the cart, I have beat that twice.
Sign on back of construction truck, " not liable for damage from falling debris" yeh, right.
Sign on your house, " caution dangerous dog-!" this one can work against you, person gets bit, sues you and the attorney says you knowingly had a vicious dog on your property .Don't have pool signage requirements in our town and never mentioned when I took out a land use permit before build.
Signs like these just keep a few more people from pursuing recourse. I have a couple of my exterior cameras directed at the pool for this exact reason and to make sure the water is circulating while away from home.

 

[JamesW]

I have a dog named Doug. So, I have a sign that says "Beware of Doug". But, people don't seem to pay attention to the sign and Doug bites them.

 

[Arizonarob]

 

[cfherrman]

I like those husband is cool signs

 

[PoolguyinCT]

Liner warranty hinges on your receipt and willfull submission of the warranty package, which includes the markers. That’s why they are in the same package.

Buyer takes possession of the warranty and non conforming marker package at final payment. At final payment the warranty and terms of use are accepted by buyer.

The markers are your property and your responsibility to place.