Pool Fences and the Attractive Nuisance Doctrine

by Pool Builders on 07-01-2010 in Articles

Under the attractive nuisance doctrine, open pools and other properties without proper preventative devices can leave the owner of the property liable if children injure themselves after trespassing onto that property. Property owners have tested the limitations of this legal structure, trying many tactics to avoid responsibility. Signs and posted warnings have not been considered sufficient in some cases, as the courts have illustrated that an illiterate child would not be able to understand these messages. On the other hand, to guard children from being injury by your pool, installing a fence or similar barrier system has been established as sufficient action to protect against negligence lawsuits.

There are several different types of pool fences available for potential buyers, which may additionally benefit owners with an aesthetically pleasing addition to their yards. A wooden fence can be an especially beautiful choice if installed around the pool area, and should suffice to keep children from entering your pool without your permission. Similarly, iron fences and gates provide a strong resistance to trespassers. For more recent technological developments, mesh fences can be removed when the pool area needs to be opened up, such as in case of a party, while offering a sufficient barrier to the pool itself when installed. Safety nets are also available, which can be stretched over the area of the pool and will rebuff young trespassers from falling into the water.

Despite the sturdiness of pool fences, it is important to always keep the fence secured when not in use and to continue to exercise proper pool safety etiquette. To learn more about the attractive nuisance doctrine and how it applies to personal swimming pools, an experienced personal injury lawyer can inform you about more detailed specifics.

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