[Margaret054]

Im on a pool committee where I live and we are trying to find out if it is a mandatory law to have a pool guard at night when the pool is closed we do have fences (gates) and are locked when closed but int past we have had people (Teens) jumping the high fences would we be liable for a accident or trespassing

[ebaines]

I suppose it depends on the laws in your town, but I have never heard of a law that requires a guard when a pool is closed. You should make sure that your fences and gates are properly repaired and up to code (i.e. tall enough), and I would recommend signage near the pool that says something like "No Swimming without Lifeguard Present" and a "No Lifeguard On Duty" sign that gets put up every night. Perhaps also a "Pool Closed, No Swimming Allowed" sign on the gate at night. These will at lease provide evidence that any trespassers were warned. Also, I would recommend that if you or any other club members are aware of trespassing while it's occurring that you call the cops - this would help provide evidence that you attempted to stop the trespassing. Otherwise if there's an accident then in a lawsuit someone may argue that you tacitly approved the use of the pool at night since you did nothing to stop it.

[Margaret054]

Thank you ebaines fro you respones very helpful.