Attorney And Insurance Agent Discuss Swimming Pools Regulations

This is an archived article and the information in the article may be outdated. Please look at the time stamp on the story to see when it was last updated.

FAYETTEVILLE (KFSM) -- A student at Vandergriff Elementary School in Fayetteville wandered off during recess earlier this week and died after being found in a nearby private pool.

We found out if there are any fence requirements when it comes to private pools.

Attorney Frank Bailey said the law in Arkansas is clear on this and it's called the attractive nuisance doctrine and applies to tort law across the state.

“If you have something like a pool then you have to take reasonable steps to protect it from children who have basic curiosity and if you don't do that and someone is hurt or injured then you are responsible in monetary damages,” Bailey said.

Bailey said it doesn't necessarily have to be a fence, some people put up signs or walls to protect against the hazard.

“It's not just a pool but it could be a trampoline or it could be one of those swing sets...anything that would be attractive to children that may be trespassing on your property," Bailey said.

Alex Baldwin with State Farm said while some cities may not have ordinances requiring fences state farm does require anyone they provide coverage for to have a fence around their pool.

“Most companies include liability coverage as part of your homeowners insurance and so that coverage is designed to protect the homeowner if something were to occur," Baldwin said.

Fayetteville Police told 5NEWS that over the past five years there have been three incidents dealing with a child running away prior to this week's incident.

1 Comment

  • JSR (@Dematrix4)

    Passing off the blame to the house and pool owner. WAY TO GO!!! Wheres your fence for the kids at the school?? where were your 4 teachers eyes when he walked off? I bet you if you check their cell phones youll see where their attentions were at.

Comments are closed.