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| Egerton & Associates, P.A.

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? / 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.


  1. Gravatar for Mike Bryant
    Mike Bryant

    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.

  2. Gravatar for hippiechic

    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.

  3. Gravatar for Scott Georgeson
    Scott Georgeson

    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!!

  4. Gravatar for Lawrence Egerton
    Lawrence Egerton

    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.

  5. Gravatar for cyrus

    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

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