[Newsbot]

Title: Man charged, released on bail after boy drowns | CTV Toronto
Category: Law & Order
Posted By: OnTheIce
Date: 2012-06-21 07:49:35
Canadian

[OnTheIce]

Am I off base thinking that the parents need to hold some or the majority of responsibility in this too?

[Wada]

and if he had wandered into Lake Ontario who would be charged then?

[Brenda]

Wada Wada:

and if he had wandered into Lake Ontario who would be charged then?

Good question.

My yard is not fenced. People seem to be using it all the time as a short cut.
I have an ABOVE ground pool. I had to fence it, and the fence should be 4 ft high. The pool is 4'6". What is the use exactly of that fence? You still need a ladder to get into that pool.

[Strutz]

How sad for the family to have lost their little boy. A terrible tragedy.
Another sad reminder to parents/caregivers of just how quick these things can happen when little ones slip out of your view.

I understand the point of having the law that you must fence in your yard if you have a pond but at the same time it's a little sad that you have to take responsibility for the potential avoidable errors of others.

[Benn]

OnTheIce OnTheIce:

Am I off base thinking that the parents need to hold some or the majority of responsibility in this too?

If they knew there was an opening in the fence they should.

[OnTheIce]

Benn Benn:

OnTheIce OnTheIce:

Am I off base thinking that the parents need to hold some or the majority of responsibility in this too?

If they knew there was an opening in the fence they should.

Regardless, whether there was a gate or not, you're responsible for your children.

I don't think it's right for a parent to lose their child then blame someone else when they get hurt or die.

[bootlegga]

OnTheIce OnTheIce:

Am I off base thinking that the parents need to hold some or the majority of responsibility in this too?

No, not at all. They are responsible for their children, not their neighbour.

Still, having a two year old myself, I can empathize with their loss. If something like that happened to my daughter while I was watching her, I'd probably jump in front of a bus because of my guilt.

[Lemmy]

Property negligence law is pretty well established. As a property owner, you have a duty of care to ensure that anyone who comes onto your property is safe (including trespassers and especially children). The standard of care depends on the features of your property, but if there's allurement (property features which may attract children, like pools, dogs, etc.) the standard of care is higher. The standard of care when you have water on your property, whether a pool or pond, is that you're required to have a fence and if there's a gate, it must be lockable. That's a pretty standard by-law in every municipality in the province.

So yes, you're responsible for your children. But your neighbour is responsible to keep their property safe should your child wander over.

[OnTheIce]

Lemmy Lemmy:

Property negligence law is pretty well established. As a property owner, you have a duty of care to ensure that anyone who comes onto your property is safe (including trespassers and especially children). The standard of care depends on the features of your property, but if there's allurement (property features which may attract children, like pools, dogs, etc.) the standard of care is higher. The standard of care when you have water on your property, whether a pool or pond, is that you're required to have a fence and if there's a gate, it must be lockable. That's a pretty standard by-law in every municipality in the province.

So yes, you're responsible for your children. But your neighbour is responsible to keep their property safe should your child wander over.

While I completely agree that the neighbour does take some blame here, to lay ALL of the blame on the man just isn't right.

[Brenda]

Shouldn't you make sure your yard is fenced and locked when you have children and dogs wandering freely, so they can not cause others harm by wandering onto other people's property?

It IS a 2-way street, you know...

[BartSimpson]

Lemmy Lemmy:

Property negligence law is pretty well established. As a property owner, you have a duty of care to ensure that anyone who comes onto your property is safe (including trespassers...

In general it's my policy to make sure that trespassers are NOT safe in my yard.

[BartSimpson]

Brenda Brenda:

Shouldn't you make sure your yard is fenced and locked when you have children and dogs wandering freely, so they can not cause others harm by wandering onto other people's property?

It IS a 2-way street, you know...

Tried to + you for that.

[DrCaleb]

We should demand a Pool Registry. People will have to take a course on pool safety and keep their pool under lock and key. If they don't comply, then they automatically have committed a crime and the SWAT team can bust in and confiscate their pools.

[raydan]

Lemmy Lemmy:

Property negligence law is pretty well established. As a property owner, you have a duty of care to ensure that anyone who comes onto your property is safe (including trespassers and especially children). The standard of care depends on the features of your property, but if there's allurement (property features which may attract children, like pools, dogs, etc.) the standard of care is higher. The standard of care when you have water on your property, whether a pool or pond, is that you're required to have a fence and if there's a gate, it must be lockable. That's a pretty standard by-law in every municipality in the province.

So yes, you're responsible for your children. But your neighbour is responsible to keep their property safe should your child wander over.

You should check where you are. Here, it's 18 inches... that is, if you have a pond with 18 inches or more of water, then the pond or the yard must be fenced. Under 18 inches, you don't have that obligation.