Swimming Pool Safety in Birmingham: Do Fence it In

Most of us can remember our parents taking us to swim when we were kids. Either we went to the local public pool or we had friends with an above-ground pool. Maybe you were lucky and had a built-in pool in your own backyard. Either way, years ago, people didn’t worry so much about swimming pool safety. They didn’t put fences up because they didn’t want to spend the money. Or, they figured a 5-foot fence would be an eyesore for their neighbors. These days, you need to fence your pool in. This fence serves two purposes – it keeps your kids in and it keeps other people’s kids out. And, when we say kids, that includes children and teenagers. Just because someone is a teenager does not mean they can swim unsupervised. In fact, sometimes it’s the older kids that get into more trouble when it comes to swimming pool accidents.

Here, we’ll talk about the benefits of having a fence around your swimming pool. We’ll also talk about what the law in Birmingham says about fencing your pool in. Finally, we’ll touch on what can happen if a neighbor’s kids get into your pool when you aren’t home and get hurt or drown. If your loved one is injured while swimming in someone’s pool, make sure to contact an experienced personal injury lawyer in Alabama right away.

A safety sign placed by a swimming pool.

What are the Laws in Alabama When it Comes to Pools and Fences?

Alabama is one of the states that does not have a law regarding pools and fences. While each town or county may be different, generally speaking, the laws in Alabama don’t require pool owners to have a fence. However, it makes good sense to have a fence around your pool. The fence should be at least 5-feet tall. This way, children and teens walking or driving along don’t see that you have a pool in your yard. Even if there isn’t a law requiring you to have a fence, there is something called an attractive nuisance. If you have a pool in Alabama and a child or toddler crawls into your pool and drowns, you can be held liable. Likewise, if your child gets into someone else’s yard with a pool and gets hurt, you can file a claim against them. 

What is an Attractive Nuisance?

In Alabama, someone can be sued for something called an attractive nuisance. This is when you have something on your property that draws the attention of children. For example, if you have a playground or pool in your yard, kids are going to want to play with it. If you don’t have a fence up, they can get into your yard and get hurt. If a child slips or falls into your pool and drowns, you will be sued. Even if you don’t have a fence law in your town or county, you can still be held liable.

You Need a Fence to Keep Your Kids Safe

Regardless of what the law says, you should want to keep your children and other people’s kid-safe. If you don’t have a fence up, there are sorts of things that can happen:

  • Your child could run from the pool out into the street and get hit by a car
  • Kids walking along the street may come into your yard and swim when there are no grownups around
  • Toddlers or children will see that you have a pool and try to sneak back in later

If you have young children, you need a fence around your pool as well. Make sure it is locked so they can’t get in without an adult. This inner fence should resemble the kind you see at a motel, hotel or waterpark. Children can only get in to swim when there’s a grownup there to supervise them. 

Contact a Skilled Personal Injury Lawyer in Birmingham if Your Child Suffers a Swimming Pool Accident

If your child or loved one is injured in a swimming pool accident, you should call our office right away. Your friends and neighbors have a duty to keep their pool fenced in so that people can’t get hurt or killed. If they don’t do this and your loved one is hurt as a result, you need help. Call and talk to an experienced personal injury lawyer right away. They can review your case and let you know if you have a case. And, if you do, they can let you know what it might be worth. 

Contact us today and schedule your initial consultation. It’s absolutely free and you pay nothing until you settle your case.

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