Pool Liability

Swimming pools are a fun way to beat the summer heat for you and your loved ones, but they can also be very dangerous. If you or a family member are injured or killed in a pool, you may be able to successfully sue the pool’s owner for damages.  The Law Office of Andrew S. Maze can successfully manage a case involving pool liability.

Pool Owner Liability

Pool owners are legally responsible for providing a safe environment for anyone using their pool including both children and adults as well as for people who live nearby.  Pool liability falls under premises liability which is a legal concept that property owners must maintain safe conditions for any visitors. Owners can be held legally liable for the failure to do so. In the case of pools this specifically means that anyone injured in a pool can sue the owner for their injury if they can prove a few things: 

  • The injured person must prove in court that they were owed a duty of care at the pool and that the pool owner breached the duty of care.  
  • The damaged party must show that their injury was a result of this breach. Even a person trespassing and using a swimming pool without permission can sometimes sue the pool owner if they are injured. 
  • Pool owners can reduce their liability and protect themselves from liability by enacting certain pool safety procedures. If owners fail to enact pool liability safety procedures, they are more likely to be liable if a hypothetical injured pool guest sues them for damages.

Common Pool Injuries

 There are many common pool injuries that may, in some cases, be severe enough to justify legal procedures in order to cover medical expenses, lost wages, or in tragic cases, funeral costs. Common pool injuries include cuts, infections, broken bones, traumatic brain injury, spinal cord injury, electrocution, and even drowning. If you or a family member experience serious injuries in a pool, please immediately seek both medical attention and legal representation through The Law Office of Andrew S. Maze. Drowning fatalities are especially tragic. Many private pool drownings are made even worse because they involve children. Most drownings happen in home swimming pools among children ages 1–4. About 40% of drownings among children 5-14 occur in natural water, and about 30% occur in swimming pools. It is also notable that most accidental drownings occur when the pool is not being used, leaving it open for children and others to accidentally drown in. 

Reducing Pool Liability

Thankfully, there are measures that pool owners can reduce their pool liability and prevent injury and loss of life at their pools:

  • Property owners can reduce liability by actively supervising children and adults using their pool at all times, never allowing their pool to be simultaneously unattended and accessible, and ensuring that life-saving devices are kept near the pool. 
  • Owners can also prevent intoxicated persons from using the pool, ensure that house guests constantly supervise their children, and remove toys from the pool so that children are not attracted to them. 
  • Pool owners can also install fencing of a height of at least 4 feet that completely surrounds their pool, a pool cover that can be secured whenever the pool is empty, self-closing gates, and a pool alarm. 
  • Owners can also confirm that visitors know how to swim. Participation in formal swimming lessons can reduce the risk of drowning among children and young adults

Failing to take these and/or other similar common-sense measures can leave pool owners liable for accidental injuries that occur in their pools. If you or a family member were injured in a pool that did not enact effective safety protections, you should reach out to The Law Office of Andrew S. Maze immediately to learn about your legal options.

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