Torts: Come Up & Sue Me

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In California, which boasts about one-third of all U.S. pools, King and related cases have spurred all sorts of safety devices—not only elaborate fences required by local laws, but also resuscitation kits, "pool-sitter" lifeguards ($1.25 an hour), and electronic monitors that ring bells when trespassers plunge or fall in. Since a pool cover is probably the best idea, builders now offer a pushbutton elevator that rises out of the pool bottom until it decks over the pool as a play slab for parties. Unhappily, the gadget costs at least $1,500. Happily. $150 or so buys a polyethylene mesh cover that supports 200 lbs.

Not surprisingly, insurance companies increasingly insist that the standard homeowner's liability policy is not enough to cover a pool. The risk rate on more insurance seems low—one company typically charges only $37.50 a year for a $100,000 pool liability policy—but well-heeled owners, who may be sued for a packet, are more and more turning to a $50,000-deductible "umbrella" policy that covers everything from pools to boats for up to $10 million. For people who throw poolside parties and fret about the consequences, some companies charge a mere $250 for a one-night policy covering 100 guests up to $1,000,000. With that, the whole party can fall in as the carefree host beams: "Come up and sue me."

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