Legal Question - Swimming Pool related

[bleedingheart]

Okay, I have a neighbor that is trying to win the award for Neglecting her Kids.

Now that her kids are older I am worried because I have a swimming pool and her kids do not seem to understand that it is not a good idea to make yourself comfortable on someone else's property when they are not home. For instance they "invited" themselves over for Mother's Day and managed to create conflict and fights for me to settle...meanwhile their mother or father never even came outside to see where their kids were.

I am seriously thinking about sending her a letter of concern stating that I want her to keep an eye on her little ones so that they don't come on my property when we are not around.

The pool is an aboveground model and it has a locked gate that I obsessively monitor, but a resourceful child can always figure a way around any system.

I am really concerned because I also have a basketball hoop now that is quite a lure for her kids...but i don't want them on my property when I am not around. If they are playing with my kids that is another matter...but once again I am there too.

This has become a serious concern for me when I am at work and my kids will be at daycare camp this summer. We won't be home until later and I just don't want some kid drowning or getting hurt in my yard.

One of my retired neighbors told me she sees them on my property and normally tells them to get out but she too is worried about their behavior and the pool...she has mentioned she will call the police to get them to vacate...perhaps that is a better idea.

Would you send the letter? If not why?

[lectrobyte]

1. I would try talking to the parents first.

But if it happened again, I'd probably call Child Welfare: after all, unsupervised children should not be using your pool without permission.

[bleedingheart]

2. I have tried talking to the mother ...but she puts on her "I am so tired"

routine ...so I know she isn't listening to a word I am saying.

At this point all they do is trespass and last year they were not allowed to come and swim because their mother and father didn't like my rule which states that any child that swims in my pool must have a parent who is also helping me watch the kids. I have a nice backyard and a patio...so they can bring a pepsi and a book and help me keep an eye on the young ones...but I refuse to monitor other people's kids in a pool alone....

[LynneSin]

10. Let her know you're tired too and give her the address...

...of the local public pool.

Her tiredness doesn't warrant free childcare from you

[lectrobyte]

13. If you've tried talking, then I'd send a letter, and then call police or

social services when it happens again. After all, if a child drowns or is seriously hurt, it's all gonna be your fault (at least from their perspective). You are just being a good citizen, and watching out FOR THE CHILDREN.

[Red_Viking]

3. Document everything!

Your pool is an "attractive nuisance," leaving you exposed to possible liability if a child comes on your property and is harmed. But, if you take precautions, like it sounds like you are, you're going a long way toward protecting yourself. Having a locked gate is a great idea, plus letting the parents know your concerns.

If it were me, I would send letters and keep copies, telling the parents you don't want their kids on your property without permission. How old are these kids? They're actually trespassing, so calling the cops is another good idea.

Sorry for your troubles. I hope you have an uneventful summer! :)

Peace,

RV

[Seabiscuit]

28. Agreed - the pool is an "attractive nuisance". I would simply add that

in addition to writing one or more letters (one covering what's happened to date and outlining your concerns, and another for each new instance, keep copies, and send certified mail) and notifiying the police, I'd also call child protective services - this appears to be the kind of child neglect/endangerment they'd be interested in looking into for the childrens' welfare).

You'll not only protect yourself from liability, you'll be benefiting her children.

[AlCzervik]

4. I would tell her parents straight out and also we have a pool

and we have an alarm that floats in the pool that goes off when the surface of the water is broken, it has different settings on it so it wont go everytime a leaf falls into it. We also installed another lock on the gate that goes into out backyard. It's wonderful having a pool but it is also a huge liability, if someone gets hurt then you're most likely going to get sued and you need to make the clear when you talk to those people, tell them you can't assume the liablitly and if they get pissed well then thats their tough luck.

[bleedingheart]

7. these kids are the reason we never built a deck

I also put that white gating up around the edge of the pool to deter people climbing and it helps keep the volleyball in....

[AlCzervik]

14. Is your yard fenced off?

[bleedingheart]

25. no

the problem is I have a corner lot and it is rather large....

the good thing about the lot is that most people can see what is happening on my property..(both a good thing and a bad thing privacy wise)...so this allows my neighbors to keep an eye on the property.

Retired seniors are the best guards of property during the day...

[Love Bug]

5. The other thing you can do

is keep your pool covered when you are not actually using it.

[LynneSin]

6. I'm not a lawyer but I know this - if those kids are injured on your.....

..property, you are responsible.

It would be a good investment to purchase a pool cover that locks, because if one of those kids gets injured or dies in your pool, just kiss all your assets goodbye EVEN if they were trespassing.

:D

[bleedingheart]

11. I know...and that is exactly why I want to send that letter to the parents

It sounds pathetic but one of the reasons we have wanted to move is this family...they just don't watch their kids.

[LynneSin]

18. Don't let her bully you with the "I'm tired" stuff

This woman figures if she feigns tiredness then you'll shut up and deal with her kids in your pool. I've read enough Dear Abby in my lifetime and I've seen this enough times.

Don't let her get away with this and don't move because who knows - the next neighborhood could be worse. Get an alarm and a locking pool cover and just send a nice note to ALL of your neighbors that they are welcome to use the pool provided that they meet YOUR guidelines. And let Mrs "too tired" know that you too are too tired but not tired enough to call the cops if her kids are tresspassing on your property.

But once the pool is locked, alarmed a few a few "No trespassing" signs - those ingrate kids will get the hint.

[EC]

8. It is your liability at risk

rather you are there or not, give permission OR NOT, you are liable if something happens...tell their parents you will call the police the next time you hear of them on your property w/o your supervision, and document everything, to show you took measures to keep the kids safe and the parents ignored your pleas and warnings...If those kids should even fall anywhere on your property and get hurt, you will be liable...If it were me, I'd put up a big locked fence around the whole property...

[DS1]

9. Aquatic Guard Dog

[bleedingheart]

12. made me laugh...great idea! and it would eat any evidence..

I know...I shouldn't be so callous...

[mark11727]

27. PIRANHA!

That oughta get the message across.

[BikeWriter]

15. I'd go with a certified letter and warning signs.

[Debi]

16. I agree w/the locked pool cover

Also I think you should send a certified letter to parents telling them that unless kids are invited to your pool they are violating the law. Have a quick chat w/local law enforcement on what your rights/responsibilities are and note this in your letter. (If you are concerned about your relationship w/parents let them know the letter is coming so it's not a surprise to them).

If the kids are there uninvited - call the (non-emergency line) police - or have the neighbors do it if you are not home. (And don't back down on any charges against kids or folks - mean business and follow through. Do you really think that if one of their kids got hurt they wouldn't have you in court in a heartbeat?)

If something happens to the kids you've covered your butt in showing that you've tried to keep them off of your property.

I question if they're doing more than trespassing since they are opening a locked gate to even get to your pool.

I can't believe the gall of people who would let their kids do this - our neighbor had a trampoline and we had to go to the door and ask permission to jump and if they weren't home or not in the mood to watch us we were out of luck. Duh

[bleedingheart]

24. Oh they have a trampoline but I won't let my kids on it because

the parents never watch how it is used. It is a small tramp with a net around it. They let as many as 4-5 kids on it at once and I know they are really only meant for 1 at a time. My kids thought I was the big meanie for not letting them go on it but I told them that I didn't feel comfortable since their parents aren't watching or monitoring its proper use.

[orleans]

17. i would call the village hall and police department

and ask a few questions first.

find out how responsible you would be if there was an "accident" on your property if you weren't home. then ask them what they think you should do as far as notifying your neighbors about the kids being on your property when you aren't home.

as far as their kids coming over there when you are home, and then starting trouble--tell the kids to go home. done.

if you've got a locked gate and fenced in yard and you tell your neighbor that you don't want her kids coming over when you're not home, you might also want to tell the kids. a friendly police officer might even welcome the opportunity to stop by and tell the kids (how old are the kids?).

if the kids are a bit older you might also tell them that if you ever hear that they've been in your backyard or swimming pool when you aren't home then you'll never let them come over swimming again.

[mtnester]

19. As one swimming pool owner to another, here is what the insurance

company and a lawyer told us.

1. Fence it, lock it is priority#1, which it appears you already have done. Even if your community does not require fencing, do it ANYWAY

2. Post it - i.e. No Trespassing Signs, and Private Property, Keep Out - sounds mean but you HAVE to to protect yourself against #4

3. Photograph it with the fence, locks and posts, and have it witnessed and notarized as to the date (update periodically)

4. Buy a huge ass umbrella policy for when your idiot neighbors let their kids do anything, because it WILL happen

We also keep a cover on it when we are not at home to discourage use.

[Debi]

20. I feel for you

Crazy what entitlement society has become. It's one thing to be invited or get permission. But to keep doing even after being asked not to is so RUDE.

So the people who pay for the pool and try to enjoy it are SOL b/c others believe they are entitled to use it too? Ugh.

[mtnester]

21. Yep, we bought the house with the pool already installed...

we have a locking pool cover, huge personal liability umbrella policy, warning signs, etc. We do not leave any pool toys laying out to see, and we have a water alarm inside the house. (we babysit our 4 year old ACTIVE nephew, we take no chances)

All of these are great during the time we are home, however, we are so damn fortunate to live next door to our grandparents, and my grandma is house bound on O2 and with cancer, so she sits either in her chair or at the kitchen table, and she sees EVERYTHING that goes on during the day. If anyone got NEAR the pol, she would call...she calls when someone cuts through the yard!

If we did not have our "day watch woman" in the form of my grandma, we would not have bought a house in town with a pool. We would have built so far out in the country we could booby trap the property, and sit so far back with no neighbors to covet or even SEE our pool :)

It sucks, but people in general feel entitled, and there is not a lot you can tell them, especially if they are what I call "casual or part time" parents. (as in "hey, my kids are perfect angels and do not need any supervision" types)

[bleedingheart]

23. Thanks for the advice.

I have done 1 & 4. I am going to do 2 and 3.

While I do lock the gate, I use a solar cover, so I am thinking about perhaps a cover that may lock as well.

[shesemsmom]

22. I to would try talking to the parents first. If

that doesn't work, send a letter and keep a copy. Send it certified. And notarized. Post no trespassing signs. You could be held liable even with the precautions of the locked gate if something happened. Good luck

[trof]

26. Good fences make good neighbors.

If possible?