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Should you get a release from the parents when their children play in your pool?

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Waivers for Children Using Your Pool It can't hurt, but whether it will stand up in court or not is anybody's guess. It depends on the law in your state. In many jurisdictions, an unfenced pool is known as an "attractive nuisance" and if the neighbors have unrestricted access to it, you may be liable for any injuries they suffer. Your city codes may requre that you provide a fence with a locked gate. In any case, if neighbors/friends are swimming in your pool, you would be well advised to watch them like a hawk. A good idea is to equip yourself with as much liability coverage under your homeowners' insurance company as you can arrange. More input from other FAQ Farmers:
  • I suppose you could ask for one. The parents might be a little concerned about how safe their child would be or even be insulted. Nevertheless, it is your property and your choice. I doubt if that would relieve you of any responsibility in case of an accident. Even pools that are posted with No Trespass, Private Property, No Lifeguard on Duty, and that sort of thing have had lawsuit judgments awarded against them. In my opinion, it would be similar to the permission slips your child brings home for school field trips. They look good on paper but are not a legally binding document.
  • Make sure you have good liability insurance. As far as getting a signed waiver, its ridiculous and you would be viewed as eccentric and over-dramatic.
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