Lessons Learned: Unclosed Encounter
In an effort to raise awareness about common jobsite missteps, Scott Cohen returns with his Lessons Learned series, which previously ran for several years on WaterShapes online resulting in Cohen’s book, The Candid Contractor. Here he dives back in with a simple look at the importance of closing the pool gate.
By Scott Cohen
Mistakes can be painful teachers, but the lessons they offer can save untold resources sometimes even lives.
In my work as an expert witness, I encounter some of the most heartbreaking stories and avoidable mistakes. Sometimes those errors result in accidents that could have been avoided with a little more foresight. I share these experiences to help our industry learn and improve.
One of the simplest, yet most critical lessons? Always close the pool gate. Not long ago, I came across a case that still weighs heavy on my mind. It involved a home with a backyard swimming pool, safely enclosed by a fence and self-closing gate—standard protocol for preventing accidents. However, as is often the case with routine maintenance, common sense took a backseat to convenience.
A landscape crew arrived for their weekly service. To make their work easier—pushing mowers, handling blowers—they propped open the pool gate with a nearby lounge chair. They went about their tasks, likely with every intention of closing the gate when they finished.
But this time, it didn’t happen. They forgot to close the gate.
Just 40 feet away, a sliding glass door off the back of the house was slightly ajar, meaning that only a screen door stood between the home and the backyard. Inside, a three-year-old child was playing. Like most curious toddlers, he found his way to the backyard. And with the gate left open, it was only a few steps before he reached the pool—where he fell into the water.
By the time anyone noticed, it was too late.
The child survived but suffered irreversible brain damage. His life, and the lives of his family, were changed forever.
ATTRACTIVE NUISANCE
Pools are considered an “attractive nuisance”—a legal term meaning something that can lure children into dangerous situations. As professionals, whether we’re builders, service technicians, or landscapers, we have a responsibility to protect against these risks.
It’s easy to think, “It’ll just be a minute,” or “I’ll remember to close it later.” But accidents happen in moments, and they don’t wait for good intentions. Convenience cannot override safety.
This wasn’t an isolated event. I’ve seen similar stories where gates were propped open to avoid wear and tear or to make it easier to carry tools in and out. In one case, a child wandered three houses down and entered an unsecured pool area. These aren’t rare flukes—they’re preventable tragedies rooted in simple oversight.
Safety protocols must be second nature in our industry. Closing a pool gate shouldn’t be an afterthought—it should be as automatic as putting on safety goggles or cleaning up a job site. Every professional who steps onto a property with a pool should view securing that pool as part of their job.
At my own home, I have combination locks on the two gates that service my backyard. Everyone that needs access into the yard is familiar with the code and they all know the importance of making sure it is locked before they leave my property. A wayward child is not going to easily push open a locked gate.
A CULTURE OF SAFETY
This is about creating a culture where we look out for each other, where we recognize that our actions—or inactions—can have life-altering consequences. The first layer of protection will always be parental supervision, but the professional layer is just as crucial.
It’s a simple action. Close the gate. Check it twice. Because when we cut corners, it’s not just about scratched gates or faster workflow. It’s about safeguarding lives.
Let this be a reminder that safety isn’t just a checklist—it’s a mindset. Let’s take responsibility not just for the quality of our work but for the well-being of those we serve. Because no convenience is worth the risk of a life forever changed.
Scott Cohen is a nationally respected expert witness in pool-construction defect cases. Cohen is a “garden artisan” and president of Green Scene Landscaping & Pools, a watershape design and construction firm based in Chatsworth, CA. A widely published author and popular speaker, Cohen is known for his gardens that combine outdoor living with inspired artistic details.