July 11, 2008,
M.L. asks from Warrenville, IL on July 10, 2008
Back Yard Swimmiing Pool Liability Release and Waiver Forms
Does anyone have a form they use for visitors to sign to use their backyard pool? My mother said I should have pool waiver and liability release forms for any visitors to sign at my house.
Does any one else do this? Have you heard of it before?
J. answers from Chicago on July 10, 2008
I agree with what Sigrid and others said - you need to always supervise no matter what, and a waiver won't protect you from being sued. Just make sure your insurance is adequate, and if you have questions about waivers, why not check with your agent on whether it would change your premium. I definitely wouldn't host the block party in the yard, but with supervision and safety rules everyone should be able to have a safe, fun time.
Also, if you think it through - if a friend or relative's child did have a horrible accident and needed, god forbid, years of life support, would you really want to deny them access to insurance money anyway?
1 mom found this helpful
T.C. answers from Chicago on July 10, 2008
I am not sure on the waivers or release forms so I have no advice there- never even heard of such a thing and I have swam at many friends pools. I do know I have heard of extended insurance policies though.
I did want to say though as a former firefighter/EMT....
PLEASE take a CPR and first aid class for just in case!!! Also make sure that you are an adequate swimmer or whoever will be supervising the pool when others are in it is! Make sure you also know what your codes are in your town for safety requirements- gates, locks, alarms etc! You can never be too safe in my opinion!
Now that aside... I would be insulted if I was asked to fill out a waiver or whatever to swim at a friends house. You would not ask them to fill one out while just visiting in the middle of winter and there is a bit of ice on your walkway. Accidents can happen. How you handle them and are prepared for them is what makes the difference!
Good luck and I hope you get to enjoy the pool... when you opening it up?!?!? I will bring the brats! lol j/k
Many blessings to you to have a safe and enjoyable summer!
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S.E. answers from Chicago on July 10, 2008
Can't help you with the form but I can tell you that you can have someone sign a release form but in most cases it is not worth the paper it is written on. I am not a lawyer but have studied a little on liability issues. It may hold a little weight if you have it drawn up by a lawyer and then have your visitors sign the wavier and get it notarized prior to visiting your house. You would have to have a sign listing a the rules and your liability but that is not going to do any good for someone who may not be able to read. Example: a child. I think you would also have to have your pool inspected by the city you live in. That the deck in proper installed and the pool is properly installed. the city would then have to provide you with a certificate saying that everything is meeting local city codes. You may have to also provide visitors with a list chemicals that are being used in the pool and the amount of each that are in the pool because someone might have a reaction to the chemicals.
This is one of the reasons your insurance premiums is higher when you have a pool. If you put up a pool and did not inform your insurance company you may not be covered liability wise.
One last thing. My thought is that most friends will not come over to swim in your pool if they have to sign a wavier. I think your best bet is to make sure that your fence is locked at all times when you are not able to be out at your pool side. When friends come over make sure you or your husband is out there at all time so nothing happens.
C.K. answers from Chicago on July 11, 2008
I have an inground pool with diving board, and we have our home in a trust as well as extra insurance. I also have the rule that If I dont feel you're being safe...you're out of the pool. I expect the parents of children in the pool to be here, and If a kid wants to go off the diving board, he/she must prove to me that they are an adept swimmer.I do not have a lock on it though, but do have "No Tresspassing" and "beware of Dog" signs up. I did however research how to win a lawsuit if someone tresspasses and has an accident, so at least in that area Im covered, however accidents happen, and in general the only people I have over to swim at this point are family and friends and I know all of their opinions on lawsuits like the ones your mom is trying to get you to protect yourself from, so im not worried about that side. A waiver actually really wont work
B.K. answers from Chicago on July 10, 2008
Not sure about anybody signing a waiver (and how it would hold up) but I would not allow anybody to swim unless I was there to supervise. No exceptions. Otherwise it would be locked and inaccessible to others.
E.P. answers from Chicago on July 10, 2008
We have a pool and so many neighbors have pools, too (many in-grounds and above-grounds in our neighborhood) When we installed our pool, It concerned me, at first because of the added liability to our property. We also notified our insurance company and were counseled to increase our portion of our homeowner's liability insurance. You can also put your home in a trust or add an umbrella policy in the event of an accident, so that your home and other assets are protected. Any of that is good to do, however, in addition, you must be proactive and have guests adhere to your rules. Basics: Children must have adult supervision in a pool, no glass or bottles around pools, no diving and walking around the edge (above ground), little ones have floats, major horse-play gets a time-out and I reserve the right to kick anyone out of the pool at my discretion (and have done so because they were too rough.) My kids took swimming lessons the year we installed our pool. Fence and lock your pool. If someone invited me for a swim, then asked me to sign a waiver, even though I live by the words...."get it in writing"... I would think that was a little strange. If you don't want to be responsible for a child, make it a rule that they come swimming with their parent. Someone may still sign a waiver but, if you or another adult weren't supervising the activity or something happened that was deemed negligent on your part, they will still sue the pants off of you. Good luck...enjoy the pool.