Re: Swimming Pool Liability Release Forms?
- From: "Sandi" <sanditypes@xxxxxxxxx>
- Date: Mon, 26 Jun 2006 13:15:53 -0400
It does vary from state to state, but more safeguards are always better than
fewer. In addition to legal liability, there is the very real prospect of
spending the rest of your life feeling responsible for someone's death
because you didn't take the necessary steps.
Just one more reason why I wish every day I had NOT bought this house with
the pool. The things are way more trouble and expense than they're worth,
in my opinion.
"Barbara Carlson" <bbcarlson@xxxxxxxxxxxxx> wrote in message
Your homeowners should cover you, providing you are not charging people to
use the pool, or giving lessons.
I use my pool to teach SCUBA, and I have a separate liability policy
through my teaching organization (PADI) and of course all students must
sign a release which PADI's attorneys have written and furnish us.
But.....and this is a big but! A release does NOT protect you if there is
negligence involved, (such as not having a locked gate or a fence in ill
repair). With my SCUBA liability, my insurance will not cover me if I do
not follow PADI "standards" which forbid me to leave anyone in the pool on
SCUBA gear unsupervised by either an instructor, assistant instructor, or
divemaster (which my husband is). They also require that I maintain
meticulous written records indicating that I am following "standards."
I did teach a class of children/parents and made up my own liability form
using the SCUBA one as a guideline, and making a strong statement about
the possible risks involved and acknowledged that the parents understood
them. I also repeated these risks verbally, with precautions, on the first
day of class--yet some parents ignored them! We do not have a fence
around our pool, but we do have fenced property, which covers the law, but
we are working on the fence, growing a natural one (you don't get through
or climb over a bougainvillea hedge or beach plum hedge). It just takes
time to grow it all! We have allowed neighbor children in the pool, but
they must either have a parent present, or my husband and I must be out
there, and we have required a simple signed statement (by parents) to that
effect and that they use the pool at their own risk. Such a simple form
should indicate you are not being negligent, and help if a claim should
ever be made on your Homeowners Policy. Sandi could probably give some
information, and the laws definitely may vary from state to state.
"Karen C." <karenscribes@xxxxxxxxx> wrote in message
Does anyone know about liability release forms? Are they valid? If so,
where would one get them?
Mom has two of her grown children AND their families living at her home,
which has a swimming pool in the back yard. They don't seem to think a
thing about having anybody and everybody over for a swim. I keep telling
Mom she'd better nip practice in the bud, pronto. She's afraid to say
anything to my siblings and their families and friends, but she's also
afraid of someone getting hurt and getting sued and losing her home too.
Any feedback will be appreciated.