Recent research conducted by the National Safety Council states that residential pools are responsible for nearly 80 percent of all drownings that occur. If someone is injured in a swimming pool, a homeowner could be susceptible to a lawsuit. You may think twice when considering whether or not you want to own a pool as the prospect of potential lawsuit can be fairly stressful. Luckily, there are steps that can be taken to prevent injuries from occurring in the event that you are a pool owner.
Duty of Care
It is the responsibility of the property owner to keep visitors of their pool safe from harm. It will be important that any dangers on the property be repaired immediately. If this doesn’t occur, a property owner will need to be mindful in warning guests of the potential danger ahead of time. A property owner puts themselves at risk for potential lawsuits if they do not practice diligence when it comes to duty of care. There are a number of injuries that a homeowner should be concerned about. Although drowning may be at the forefront for most other types of injuries include:
- Slipping and falling on water
- If a person were to get hurt on a diving board
- Injuries could be sustained from any damaged equipment around the pool
What if Someone Trespasses?
As a homeowner, you could be held responsible for damages if a trespasser is injured in the swimming pool of a homeowner. As frustrating as this may be, a vital part of avoiding lawsuits is taking care of any dangers that may be on the property, regardless of who is visiting.
In order to mitigate liability, it is important to always be aware of who is accessing your pool. Always be present and supervise when children are swimming in your pool. People under the influence of drugs or alcohol should not be allowed in your swimming pool. Any children who do not know how to swim should be required to wear a life jacket. Other important measures to be taken when you are the owner of a pool include:
- Fencing surrounding the pool area
- Locked gate
- Lighting around the pool to prevent people from falling into the pool
You will always want to make sure that the pool is safe for people to use by checking the chemical levels, and ensuring that it is structurally sound by looking over railings, diving board and the slide.
When you are a swimming pool owner, you will want to make sure that you are covered by insurance. Always be honest with your insurance company. An insurance policy to cover damages will be important in the event that someone is injured in your pool and a lawsuit is filed against you. You may not be covered by your insurance company if you do not disclose to them that you have a pool. Consult with an experienced attorney such as the brain injury lawyer Phoenix, AZ who practices all personal Injury areas.
Thanks to authors at Kamper Estrada LLP for their insight into Personal Injury.