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So, I have a rather large swimming pool in my backyard. By law, I am required to have a fence around the pool and to have gates that close automatically and that can be locked.
If a teenager decides to jump the fence and go for a swim in the middle of the night, I am the one in legal trouble if the teenager gets hurt or killed after illegally trespassing. I get into even more trouble if it can be shown that the gates don't operate properly or if I am found to have been negligent by not having the gates locked.
However, if I happen to catch the teenager in the act of jumping the fence, identify him as a trespasser, and feel threatened that he might be a burglar (it's the middle of the night, after all), then I have the right to shoot him - without legal repercussions.
So, I have a rather large swimming pool in my backyard. By law, I am required to have a fence around the pool and to have gates that close automatically and that can be locked.
If a teenager decides to jump the fence and go for a swim in the middle of the night, I am the one in legal trouble if the teenager gets hurt or killed after illegally trespassing. I get into even more trouble if it can be shown that the gates don't operate properly or if I am found to have been negligent by not having the gates locked.
However, if I happen to catch the teenager in the act of jumping the fence, identify him as a trespasser, and feel threatened that he might be a burglar (it's the middle of the night, after all), then I have the right to shoot him - without legal repercussions.
How does this make any sense?
Well, laws concerning 'attractive nuisance' vary from place to place. However, generally, if you have complied with the law concerning securing your swimming pool from children (the legal theory is that toddlers and children are attracted to pools of water and do not have the mental capacity to recognize the hazard) then you would be safe from any legal liability. The parents of your hypothetical teenager would not have a very good chance of prevailing in court.
So, I have a rather large swimming pool in my backyard. By law, I am required to have a fence around the pool and to have gates that close automatically and that can be locked.
If a teenager decides to jump the fence and go for a swim in the middle of the night, I am the one in legal trouble if the teenager gets hurt or killed after illegally trespassing. I get into even more trouble if it can be shown that the gates don't operate properly or if I am found to have been negligent by not having the gates locked.However, if I happen to catch the teenager in the act of jumping the fence, identify him as a trespasser, and feel threatened that he might be a burglar (it's the middle of the night, after all), then I have the right to shoot him - without legal repercussions.
How does this make any sense?
We have a rather large pool too. Ours is 20X40'. We have a 6 ft privacy fence with two locked gates around the pool, one going down to the pool (its in the lower part of our yard) and two locked gates on our side yard where our dog goes..she is a Pit Bull. If you are concerned about someone perhaps taking a midnight swim, alarm your pool. You can buy an alarm that will go off should anyone decide to take that swim. Keep in mind...should a small animal fall in, the alarm will also go off. I don't believe that you would have the right to shoot a "swimmer". Taking a swim in someone's pool is a kind of "Tom Sawyer" moment and not really something you would feel totally threatened by..at least I wouldn't. I would call the Police or perhaps turn the Pit Bull loose..not shoot someone. After all, exactly what could they steal down by your pool? A kickboard? A noodle? or perhaps a floating tube of some sort? I would definitely call the Police. As long as you have gates that are locked you have done your part. We have been here with our pool for over 12 years and so far so good..no intruders except a Mama duck with her babies one time..We shut the pool down for about a week and let her be with her babies until they were strong enough to leave. Good Grief...I just realized we have 5 dang gates around or near our pool and in our yard...talk about safety first..LOL
I have a large 20 x 40 pool and after ten years am surprised no kids ever did sneak in in the middle of the night. When I was a kid we always hopped fences to get into private and public pools at 1am. If a kid snuck into my pool I'd just let the dogs out. They wouldn't bite but when they jumped into the water barking their heads off in excitement I'm pretty sure the kids would think they were in over their heads.
So, I have a rather large swimming pool in my backyard. By law, I am required to have a fence around the pool and to have gates that close automatically and that can be locked.
If a teenager decides to jump the fence and go for a swim in the middle of the night, I am the one in legal trouble if the teenager gets hurt or killed after illegally trespassing. I get into even more trouble if it can be shown that the gates don't operate properly or if I am found to have been negligent by not having the gates locked.
However, if I happen to catch the teenager in the act of jumping the fence, identify him as a trespasser, and feel threatened that he might be a burglar (it's the middle of the night, after all), then I have the right to shoot him - without legal repercussions.
How does this make any sense?
If you find someone drowned in your pool shoot them before calling 911. Simple solution.
If you find someone drowned in your pool shoot them before calling 911. Simple solution.
Its a DANG swimming pool!! If a person jumps the fence and is unfortunate enough to NOT know how to swim and drowns..why shoot them?? A little gun happy, no? Why would you shoot a CORPSE?? YUK.come on!!
Its a DANG swimming pool!! If a person jumps the fence and is unfortunate enough to NOT know how to swim and drowns..why shoot them?? A little gun happy, no? Why would you shoot a CORPSE?? YUK.come on!!
Its a DANG swimming pool!! If a person jumps the fence and is unfortunate enough to NOT know how to swim and drowns..why shoot them?? A little gun happy, no? Why would you shoot a CORPSE?? YUK.come on!!
Could someone get Pammyd a sarcasm translator?
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