There are few things more enticing on a hot summer day than the sight of a sparkling pool. The mere thought of plunging into its cool waters is a delight for young and old alike. Still, as refreshing as a pool can be, it can also be dangerous, and as a result, it is incumbent upon pool owners to learn about what their responsibilities are and make sure that they are fully prepared to provide all of the care and attention that is required of them.
The issue for pool owners is one of liability: not only do they want to make sure that people are protected against the danger of drowning in their pool for moral reasons but also because they need to make sure that they are protecting their financial wellbeing by meeting the legal requirements of liability.
Liability is a legal term for responsibility: if a pool owner is found to be negligent in the way that they manage their pool or protect others from injury in their pool, they will be held liable for compensating the injured person for the damages that they have suffered. The obligation to protect others from the danger posed by your pool is not limited to your friends, family members, and invited guests: it also extends to those who might wander onto your property, whether you wanted them there or not.
Pools are known as attractive nuisances. That means that the temptation that they pose to small children or strangers is something that the owner has to acknowledge and protect against. Those protections go beyond posting a sign: pool owners need to have a high fence that prevents people from entering their property, and the fence needs to be locked. Having a “no trespassing” sign is not sufficient to protect you from being sued if somebody is injured or drowns in your pool, even if they were trespassing. Similarly, you need to exercise caution for your invited guests. Children should always be monitored, and you are responsible for making sure that people who use your pool are not endangered by having consumed too much alcohol or in some other way being at risk.
Pool owners often find that their insurance rates are higher, and there is good reason for this. The risk of drowning is very real, and liability insurance will provide coverage in case the worst happens. Still, the best action to take is to ensure that you are taking your responsibility seriously and that you’ve taken all appropriate steps to make sure that people who use your pool are safe. If you need more information about the legal ramifications of pool accidents, our experienced team is here to help. Contact us today!
