Home Pool Liability Issues

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With temperatures skyrocketing into the 90s this week, many West Tennesseans with pools in their backyards are rejoicing. However, a new state law requiring pool alarms has some owners less than pleased. The new law is known as Katie Beth’s Law, a proposal that passed after Tennessee State Senator Charlotte Burk’s 17-month-old great-granddaughter, Katie Beth Maynard, drowned in a pool in 2009. Newly mandated swimming pool alarms are making waves, and you can hear why. Lloyd Butler, a resident, says, “I had enough of it. I came down and drop kicked the alarm across the pool.” But initially, Butler says, that was not the case. He thought it was a great idea, especially since he has grandchildren. However, after ten false alarms in one day it became too much to handle. Butler says the alarm is too sensitive. ABC 7 Eyewitness News put it to the test and found with just a splash of the pool skimmer, it went off. Brain Clark, with Aloha Pools and Spas, adds, “There’s been a lot of people fussing. I would say 70 to 80 percent if you ask the whole sales staff.” Clark, a member of that sales staff, is a part of the exception. “I’ve got a 7-year-old, so I always want to know when she’s in it. Of course I’m like every parent. I’m going to say I’m going to be out there when my child’s out there, but lets say God forbid I’m not out there. I think it’s a great tool,” Clark adds. The alarm needs to pass a final electrical inspection, but after that, there is no other inspection. Randy Camp, a Jackson Attorney, says, “The problem and issue is how is anyone going to enforce whether somebody violates it the first time or 10th time.” Violations are $100 for your first offense and $500 for your second. Even though there is really no way to enforce the law, it is not stopping people from sounding off. Butler adds, “I wish that all the politicians that wrote and voted for this law would put one of the alarms in their pool. I guarantee you the law would be changed because it just doesn’t work.” Residential pools are included in this law, but not apartment complexes, hotels, or any other facility. If you put your pool in before January 1, 2011 the law does not apply to you.

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