Question:

How do I find out what kind of liability that apartments have for their pool?

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I took my kids swimming in the pool at our apartment complex. Both gates were opened and there were no signs posted, but some guy told us that we had to get out of the pool because it had too much acid in it. My son has sever eczema and now I'm furious because he could possible get sick.

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  1. The gates to the pool are to be shut using snap-shutting devices that make it close each time. When the pool is being treated, the gates are to be pad-locked so that tenants cannot get in. The City Inspector needs to be called out.

    Also, if it had that much chlorine in it, trust me, you would smell it and would not take your children in regardless if there were signs or opened doors!


  2. 1) Read your lease - it should state this

    2) Talk to the manager in a direct but calm manner. Getting overly angry isn't going to be good for anyone. Address the concerns you are having and ask what s/he will do about it. Apartments are KNOWN for poor communication.

    3) If you're worried about your son, take him to a doctor.

    4) "High acid" is a weird way to say "high chlorine." I've lived with pools all through my life, and unless he's talking about Ph (which would only irritate eyes) or akalinity (which would be a more skin irritant), he's most likely talking about chlorine. Acid isn't natrually in pools, so there is no reason for it to be in there. High chlorine would cause eye irrtation and skin irritation/dryness.

    Most likely a lawyer is a poor choice at this point. While they should post a sign, it is a "swim at your own risk" in the majority of apartment complexes - it takes the liability away from the owners. A lawyer would just be a waste of money and the money would never be recooped.

  3. They may be liable for medical bills, so submit your bills to them.  If they don't pay, you have to sue them.

  4. READ your lease

    Make a written complaint about the excess acid

    Submit your son's medical bills and request payment

  5. All pools in Texas are "use at  your own risk".  There is no lifeguards and there is a gate, whether is latched or not.  It is up to you as the parent to check before letting your kids jump in.  Check with the apartment complex, they will pull out the rules.

  6. There should have been a pool addendum that you had to sign when you moved in.  It's a part of the lease.  If you didn't sign one and there were no signs posted then depending on the terms or clauses about the pool in your lease they may be liable for your sons medical bills if the cleaning schedule for the pool was not noted.

  7. I would contact the rental office.  and perhaps a laywer.

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