Neighbours' children and ponds

Mojisola

fabforty wrote: »

If your neighbour's garden was accessible to your children (if there was no fence for example), then your neighbour would be legally liable. As another poster has already mentioned, this is covered by the Occupiers Liability Acts. Of course we have a responsibility to safeguard our own children (before anyone jumps in to say that), but it is worth OP knowing the legal position.

Well, I would think it was my responsibility to put a fence up, even if it was just a temporary affair until the neighbour's garden work was finished.

If I have a dog in my back garden, by law I have to control where it can go. It's even more important to do that with your children.

meritaten

Yes, I was just about to post what Sulkisue said! you are legally liable to ensure people cant wander onto your property and injure themselves.

Mupette

robotrobo wrote: »

may be so ! , but get a fence around it & also put a net over it!, good chance that if a wandering child who falls in does not drown.
Especially as you already know that children live & play in that area.
It shows to me that you have no children!.

But its not the OP's responsibility is it, the parents should be teaching their children the perils of ponds, why should the OP make her pond fort knox, if the parent doesn't like it they can put up a fence cant they.

i have a very deep pond, my father built it years ago when it was his house, storms last year blew a fence panel down and we didn't have the cash at the time to get a new fence but we did have that orange plastic netting, we put that up, the neighbours complained as it wasn't secure, wouldn't mind but although my dad had the fences put up, its their responsibility as its their side, next door have kids who just for the sheer joy of annoying us throw all their balls into our garden, then ask for them back, now they just take this pee, i refuse to give them back, told the parents this, when they can get out of bed to supervise their kids that we won't give anything back that is chucked over as after 5 years of doing this if they haven't learnt then they won't, answer we got was well they will go on to us until we buy more fine its your money.

I raised a child to know right from wrong, never relied on others to babysit him in the garden, that was MY job, he played in this garden as a baby and we never ever had a problem.

julie03

if your garden is entirely secure then it shouldn't be a problem, but as it never would be I certainly wouldn't take the risk, children do wander, it only takes a second for a parent to be distracted and it doesn't matter how much you point out the dangers they never fully comprehend them till much older, not worth it, if a child died in your pond, would you be able to live with it?

lika_86

Have a read of this which is a very very brief overview of the duty owed to visitors and trespassers http://www.blclaims.co.uk/latest-news/news/2011/05/11/occupiers_liability_claims/

restless6

I have a pond and I also have children.

I have made is very shallow and whilst i appreciate children can drown in a tiny amount of water, it is a lesser risk than a big deep pond.

Whislt i would be the first to say the parents are responsible for watching their own kids, there is always the chance that a child may sneak off or get lost and end up falling in the pond.
Which leaves the question of would you be able to live with a drowning in your pond if you knew you hadn't taken enough precautions against it?

FBaby

It is indeed your responsibility, but think about it, how would you feel if a child drawn in your garden and it could have been avoided if you'd taken the right measures? Would you be able to get on with your life assured that it was all the parents fault and you had no part to it?

Little kids love ponds. That's why there are so many of them feeding the fish in the park. The fact yours is fenced might make it even more of a mystery to discover. You need to secure it fully just in case.

Guest101

OP, put up a fence. Clearly a lot of parents exist ( here and in wider society) who would blame anyone but themselves if something happened.

Absolutely ridiculous.

lostinrates

FBaby wrote: »

It is indeed your responsibility, but think about it, how would you feel if a child drawn in your garden and it could have been avoided if you'd taken the right measures? Would you be able to get on with your life assured that it was all the parents fault and you had no part to it?

Little kids love ponds. That's why there are so many of them feeding the fish in the park. The fact yours is fenced might make it even more of a mystery to discover. You need to secure it fully just in case.

How do the familes of Venice or Amsterdam, for example, cope?

GwylimT

As you are making your garden accessible you do have responsibility, I would as a metal mesh until I put a secure gate on my garden. I would also inform my direct neighbours and point out the risks of ponds and children.