Do I need insurance for my pool?
Discussion
Bit of a back story here.
We built a pool this year, it’s in the rear side garden of a large detached plot and has no neighbours. We have a lane on one side of the plot, a rhyne on the other and a field out the back.
A few weeks ago our Ring camera caught somebody walking just outside of a rear boundary fence, and shortly after they were waking along our side path. It was 9pm, pitch black and raining.
There are no lights in our garden and there is no rear access from the field.
The field isn’t ours and there is no public access to it. In fact to get to it you have to climb over two gates and through another (admittedly small) area of another private field.
To get into our garden the person climbed over the lowest part of our fence where we have removed the trellis topper - it’s a 3’ fence.
The garden is a s
t tip, the landscaping hasn’t been completed, there are blocks, bricks, shrubs, wonky slabs, slippery mud and a cement mixer to deal with. I regularly slip and trip in daylight and I know what’s there.
Now, ignoring the fact that we consider the person in our video to have been lost and/or confused - would we have been liable if they had fallen in or pool in the dark and got caught up in the cover and drowned?
Winter cover wasn’t on at the time so anyone falling in/on the pool would probably have got pretty wet and potentially injured.
For completion of the scenario, we did report to 101 the morning we discovered the footage and asked some locals if they recognised the person on the footage. Nobody knew anything.
So, if said person hadn’t had their phone torch and fallen in the pool, would we be fked legally?
We built a pool this year, it’s in the rear side garden of a large detached plot and has no neighbours. We have a lane on one side of the plot, a rhyne on the other and a field out the back.
A few weeks ago our Ring camera caught somebody walking just outside of a rear boundary fence, and shortly after they were waking along our side path. It was 9pm, pitch black and raining.
There are no lights in our garden and there is no rear access from the field.
The field isn’t ours and there is no public access to it. In fact to get to it you have to climb over two gates and through another (admittedly small) area of another private field.
To get into our garden the person climbed over the lowest part of our fence where we have removed the trellis topper - it’s a 3’ fence.
The garden is a s
t tip, the landscaping hasn’t been completed, there are blocks, bricks, shrubs, wonky slabs, slippery mud and a cement mixer to deal with. I regularly slip and trip in daylight and I know what’s there. Now, ignoring the fact that we consider the person in our video to have been lost and/or confused - would we have been liable if they had fallen in or pool in the dark and got caught up in the cover and drowned?
Winter cover wasn’t on at the time so anyone falling in/on the pool would probably have got pretty wet and potentially injured.
For completion of the scenario, we did report to 101 the morning we discovered the footage and asked some locals if they recognised the person on the footage. Nobody knew anything.
So, if said person hadn’t had their phone torch and fallen in the pool, would we be f
ked legally? Perhaps better to check with your insurer if not clear in the policy wording.
Obviously the legal liability issue is one potential but also are you intending for physical damage loss too.
You don’t want to be in the position of not telling them “ the risk “ has changed without telling them.
Obviously the legal liability issue is one potential but also are you intending for physical damage loss too.
You don’t want to be in the position of not telling them “ the risk “ has changed without telling them.
You can indeed be liable for harm that befalls trespassers - which can include drunk/confused/lost people or children retrieving their footballs, not just people who come onto your land with nefarious intent. The duty of care you owe trespassers is not as great as that you owe invited guests, but it's not zero either.
https://www.allaboutlaw.co.uk/commercial-awareness...
As far as the insurance angle goes, a bog standard home insurance policy will include occupier's liability cover, which will cover any liabilities you have to people who come to harm on your land. I don't recall ever being asked if my house had a swimming pool when taking out a policy, but if you were asked you would of course have to make sure you declared it correctly. I also don't recall ever seeing clauses in the policy specifically about swimming pools - but it's not something I have need to look closely for so there is no harm in checking yours.
https://www.allaboutlaw.co.uk/commercial-awareness...
As far as the insurance angle goes, a bog standard home insurance policy will include occupier's liability cover, which will cover any liabilities you have to people who come to harm on your land. I don't recall ever being asked if my house had a swimming pool when taking out a policy, but if you were asked you would of course have to make sure you declared it correctly. I also don't recall ever seeing clauses in the policy specifically about swimming pools - but it's not something I have need to look closely for so there is no harm in checking yours.
AlmostUseful said:
We have a lane on one side of the plot, a rhyne on the other and
Thank you, I’ve learned a new word!I’ve not had liability insurance specifically for the pool but am incredibly careful when there are kids visiting (for my own we figured that swimming lessons were cheaper than fencing in the pool area)
When one of next door’s horses managed to crash into our garden and then try to walk on our winter pool cover with expensive results (fortunately not at the 6 foot end and it got out by itself) the damage was covered by their insurance
I would be interested to hear what your insurer advises
Better to cover yourself even if it's not legally required.
We have a apartment in Malaga in a gated compound with a shared pool. We don't even use it but insurance is compulsory and added to the ground maintenance charges we pay each year. The many pool drownings in Malaga Province/ Costa Brava et al has likely contributed to it being mandatory..
We have a apartment in Malaga in a gated compound with a shared pool. We don't even use it but insurance is compulsory and added to the ground maintenance charges we pay each year. The many pool drownings in Malaga Province/ Costa Brava et al has likely contributed to it being mandatory..
Reminds me of when I got burgled. The police architect was sent round a few days later to assess the security.
He told me to take down all the fencing around the house to give any police who passed by better visibility. Also told me that as I lived in a bungalow I should have visible signs on the building advising people not to climb onto the roof in case they may get hurt and claimed off us. At the point where he then went on to suggest iron bars in front of the sliding door windows, I stopped the consultation and sent him on his way. I complained to the chief constable of Kent, but as he had two complaints from me that particular month he forgot to answer the less important one.
He told me to take down all the fencing around the house to give any police who passed by better visibility. Also told me that as I lived in a bungalow I should have visible signs on the building advising people not to climb onto the roof in case they may get hurt and claimed off us. At the point where he then went on to suggest iron bars in front of the sliding door windows, I stopped the consultation and sent him on his way. I complained to the chief constable of Kent, but as he had two complaints from me that particular month he forgot to answer the less important one.
I must be getting old and grumpy, or maybe I lived too near to Tony Martin at a previous address, and very nearly had my horses stolen by members of the blessed and much beloved travelling community, a week before a horse fair in Tony's village. An observant and noisy neighbour foiled that, plus my horses running off when cornered by men flapping jackets.
But roof mounted machine guns come to mind when burglars are mentioned.
And sod their human rights - what about mine not to be burgled?
But roof mounted machine guns come to mind when burglars are mentioned.
And sod their human rights - what about mine not to be burgled?
PH forever.......
I would check with you insurance company.
As a side note I had an architect friend many years ago who held a bit of a get together to thank his friends who had helped on his building project.
To keep the story short a drunk guest fell over and broke her ankle and put a claim in.
Judge ruled in her favour as architect hadn’t taken enough care to prevent the accident.
Madness so if I was you I would fill the pool in quick.
As a side note I had an architect friend many years ago who held a bit of a get together to thank his friends who had helped on his building project.
To keep the story short a drunk guest fell over and broke her ankle and put a claim in.
Judge ruled in her favour as architect hadn’t taken enough care to prevent the accident.
Madness so if I was you I would fill the pool in quick.
Need no; Want, probably...
My understanding is pools can be a massive liability issue.
Remember part of the problem is similar to idiotic sounding cases in the US (E.g. an aunt sueing nephew because she broke a bone being hugged - both were insured, but neither insurer would pay without a court case - it wasn't that aunt thought they had a claim or that it should be made, it was that they couldn't otherwise afford 5+ figure medical bills.). If a guest using the pool/garden slips, falls in and can't work for 6+ months can you trust them not to sue you if the alternative is bankrupcy after loss of employment...
AFAIK most standard home insurances explicitly exclude permanent pools (at least in UK) because of the risks. They know people break into gardens to go swimming and do stupid things. Even if you will win a case, you could still end up in court arguing the toss at your expense. However the cheapest way to do it is probably as part of home insurance, so read insurance paperwork and talk to them...
My understanding is pools can be a massive liability issue.
Remember part of the problem is similar to idiotic sounding cases in the US (E.g. an aunt sueing nephew because she broke a bone being hugged - both were insured, but neither insurer would pay without a court case - it wasn't that aunt thought they had a claim or that it should be made, it was that they couldn't otherwise afford 5+ figure medical bills.). If a guest using the pool/garden slips, falls in and can't work for 6+ months can you trust them not to sue you if the alternative is bankrupcy after loss of employment...
AFAIK most standard home insurances explicitly exclude permanent pools (at least in UK) because of the risks. They know people break into gardens to go swimming and do stupid things. Even if you will win a case, you could still end up in court arguing the toss at your expense. However the cheapest way to do it is probably as part of home insurance, so read insurance paperwork and talk to them...
qwerty360 said:
AFAIK most standard home insurances explicitly exclude permanent pools (at least in UK) because of the risks.
I checked mine with LV= after my earlier comment and it lists swimming pools along with garden paths etc, so they don't appear to be an issue.I don't know, as I've had the same insurance for years, whether it asks about pools during the proposal.
Lots of interesting points up there ^ so will have to make sure I’m covered for the future!
We’ve got a sign up for users stating no diving, slippery surfaces etc - not that it’s probably worth the plastic it’s printed on legally, but it sounds like a nice robust insurance policy will be worthwhile.
We’ve got a sign up for users stating no diving, slippery surfaces etc - not that it’s probably worth the plastic it’s printed on legally, but it sounds like a nice robust insurance policy will be worthwhile.
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