Property owners have a duty to ensure that their property meets the current laws for their area. One thing that can lead to serious problems is when they don’t have the proper fencing around a swimming pool. Unfortunately, negligent property owners may allow conditions on their property that endanger children.
The legal concept of an attractive nuisance is one that some people don’t know about. This concept states that children don’t have the full understanding to assess risks, so property owners must take steps to secure things on their property that might attract children. A swimming pool falls under the classification of an attractive nuisance.
In New Jersey, swimming pools must be surrounded by a fence, wall or other barrier that’s at least four feet tall. This can be around only the pool, but it can also be one that surrounds the entire property. The gate to the pool area must latch to help keep children out of it. Property owners must ensure that the enclosure meets those standards and that it’s in good repair so that it can adequately prevent entry by a child.
When a child does get into a pool that wasn’t properly secured, they can suffer grave harm. In the worst case, they may drown. Even if the incident is a near-drowning, the medical care expenses are considerable.
The parents of the child might opt to pursue a claim for compensation to help them recover those damages, as well as others like the wages they were unable to earn while they were caring for the child. You only have a limited time to get your claim filed, so don’t put off getting the process started.