Foreclosed Homes, Abandoned Swimming Pools: A Growing Hazard to Neighborhoods

Lawrence Egerton
Attorney
(866) 735-1102 Ext 350
Visit Lawrence Egerton on FacebookVisit Lawrence Egerton on LinkedInVisit Lawrence Egerton on TwitterVisit Lawrence Egerton on Avvo
Posted by Lawrence EgertonJuly 08, 2009 4:24 PM

With the number of foreclosed homes continuing to rise each day, more and more community pools are being left unattended. Those that are left undrained become stagnant, algae-filled breeding grounds for mosquitoes, as well as a drowning hazard. Even pools that have been drained pose a significant danger to the public, especially children.

When a pool supervised by adults and 8 lifeguards is not enough to stop child deaths, imagine the danger an unattended cloudy pool contains. Drowning deaths caused by these public hazards can be prevented, but who is responsible for keeping these pools safe?

http://www.flickr.com/photos/eole/ / CC BY-NC-SA 2.0

When the homeowner is forced from the home, and it sits unsold, who is responsible for the public health and safety? Even with the home vacant, the homeowners association should have some responsibility to the neighborhood as a whole. Especially when the pools that have fallen into disuse are community pools. The city and county also have some responsibility to protect public welfare.

address the issue. But, most importantly, make sure your kids understand the dangers and to steer clear of abandoned pools.

5 Comments

Have an opinion about this post? Please consider leaving a comment or subscribing to the feed to have future articles delivered to your feed reader.

Mike BryantInjuryBoard Attorney Member
Posted by Mike Bryant
July 08, 2009 11:41 PM

This is a issue that will have to be looked at. From the liability stand point and most importantly in preventing future injuries. Very good advice.

hippiechic
Posted by hippiechic
July 09, 2009 10:57 AM

My daughter drown in one of those pools and the liability issue is a tough one, as my lawyer put it, it is in limbo. I fear that another child is going to lose there life d/t these pools and nobody taking responsibility.

Scott Georgeson
Posted by Scott Georgeson
July 09, 2009 3:40 PM

I believe that the Bank or lending agency that produced the Foreclosure, is totally responsible. They use this excuse that "if we go in and improve the property, that we can be sued". Well let's look at this. By emptying the water in a pool that has been vacant, is this "improving" the property? No! In order to blame the homeowner (the one's that were force to leave the property), one would have to be insane. So, this leave only one to blame, the bank or lending agency. I do not understand why the discussion of who should be held responsible. It is cut-and-dry!!

Lawrence EgertonInjuryBoard Attorney Member
Posted by Lawrence Egerton
July 10, 2009 5:12 PM

Thank you all for the comments. From a liability standpoint, the following could be potential defendants: original homeowners, a corporation owning the facility, its officers and directors, lenders that are foreclosing or have foreclosed, government units such as cities or counties that might bear responsibility, as well as civil contractors and subcontractors.

A lawyer filing a suit in one of these cases who fails to include all possible responsible parties would face an "empty chair defense." Every party being sued would blame whatever party is not being sued- and a jury might be confused or take the easy way out and agree with the defense that the wrong party had been sued.

cyrus
Posted by cyrus
July 27, 2009 1:37 AM

get some skaters to drain it. theyll clean the backyard up and make some good use of it instead of mosquito infested deathpits itll be a thriving area for the local skateboard community

Comments for this article are closed.

Subscribe to InjuryBoard Greensboro

InjuryBoard Greensboro RSS Feeds

Keep up with the latest updates using your favorite RSS reader

Injury Board Greensboro is brought to you by Egerton & Associates

Legal Assistance Center

More Info
Egerton & Associates (866) 735-1102 Ext 351 www.egertonlaw.com/
google
Personal Injury Lawyers Serving: Greensboro, Asheboro, Kernersville, Burlington, Sanford, Eden, Madison, High Point, Browns Summit, Stokesdale, Summerfield, Reidsville, Mebane, Siler City, Lexington, Whitsett, Archdale, Gibsonville, Liberty, Randleman, Walkertown, Julian, Thomasville
222 Commerce Place, Greensboro, North Carolina 27401 [ Show Map ]219 North Greene Street, Greensboro, North Carolina 27401 [ Show Map ]523 East Dixie DriveSuite B, Asheboro, North Carolina 27203 [ Show Map ]104 North Main Street, Kernersville, North Carolina 27284 [ Show Map ]
Better Business Bureau Accredited Business Confidential

Your question will be referred to an attorney near you. If your question is of a legal nature, then by submitting this form you agree you are not forming a formal attorney / client relationship. Read our full privacy policy.

Looking for an InjuryBoard attorney closer to home? Click here.

Subscribe to Blog Updates

Enter your email address if you would like to receive email notifications when comments are made on this post.

Email address