There are liabilities in owning a swimming pool. Millions of swimming pool accidents happen every year in the United States and some are deadly. Drowning is the number one cause of injury related deaths to children between 1 and 4 years old. Many pool owners do not realize that they may be liable for visitors who are injured or die in their pool. Owners are not automatically liable for injuries around the pool. But having a pool on an private residence also does not keep owners from not having an liability at all.
Premises liability rules apply to a pool owner on private property because it is considered part of the property. If a death or injury happens in or around a pool, it is likely premises liability rules will play a part in the lawsuit. Premises liability determines who is liable in injuries in buildings or on land.
A pool owner is expected to make the pool safe for use of its guest in a reasonable manner even though the owner maintains the pool on private property. Repair and maintenance are expected to be done so those invited to use it won’t be harmed or injured in any way. If there are dangers to using the pool on private property, owners are expected to warn guests of those dangers. Pool owners are however not liable for injuries suffered by someone trespassing on the property unless the trespasser is a child.
In order to avoid liability with a pool, owners should use proper fencing to contain the area. In addition to regular maintenance of the pool, owner monitor that all safety features are working to address general risks while the pool is being used by guests.
Premises liability claims are common when it comes to the safety of people and when injury could have been avoided by taking simple precautions. Premise liability claims do not exclude visitors to homes, businesses and public areas.
Pool owners have a higher level of responsibility to prevent children from getting near the pool without supervision by an adult. An attractive nuisance is when a pool attracts children who do not understand the dangers and risks of swimming in a pool.
Another obvious risk is drowning accidents. Pool owners’ negligence can open them up for drowning accidents on their property especially if there wasn’t a fence to keep young children out of the area without supervision.
Lastly, pool owners can be held liable for chemicals in the pool harming swimmers’ health. Chemicals in pools can cause health problems if not managed correctly. Pool owners should keep their pools clean using the right amount of chemicals and not use too much of a particular chemical as to cause danger to swimmers.
Contact us today with your swimming pool liability case.