On hot summer days swimming pools provide a fun way to cool off for our family and friends. Kids love to go swimming during summer time but accidents can and will happen. When your child gets injured while swimming what is going to happen next? Who is responsible for liabilities, the parent or the owner of the pool? Whether it is a privately owned pool or a commercial pool, swimming pool owners may be responsible for injuries that arise from children using their pool. But it’s not likely that they will be blamed all the time, there are some factors that have to be considered before blaming pool owners for injuries and accidents.
The liabilities of owning a swimming pool is not something to overlook. Children love backyard pools and it could be a good investment for a home or business owner but care has to be taken to ensure the safety of all the people that play in the pool. You should know all the necessary safety devices that are needed and you should have strong coverage that will reduce any financial risks that are associated with a swimming pool.
The Homeowner Liability
There are many liabilities for having a swimming pool on your property. As a homeowner, you could be blamed for negligence. As a pool owner, you are expected to do whatever a reasonable person would do under the same circumstances. If a child is hurt in your swimming pool and it is due to lack of security around the pool or you failed to maintain the pool you shall be held responsible. It is your responsibility as a pool owner to take all the precautions that are needed in order to prevent unwanted visitors from using your pool. You have to make sure that the pool is inaccessible to kids at all costs especially during celebrations when you’re expecting visitors to your house. That’s why it’s better to have an indoor swimming pool because you can always lock the house up to prevent children or any unwanted guests from accessing the pool.
Most states also have rules about no one has access to your swimming pool especially young children. Some states require fencing, locked gates or pool covers. Failure to apply such safety measures will place children at high risk of injuries and death. Proving the liabilities in these situations is much easier since you failed to abide by the rules and regulations governing the safety of swimming pools.
Swimming Pool Liabilities – Slip And Fall
Injuries don’t only happen in the swimming pool. There are also a lot of slip and fall accidents that arise in areas surrounding the pool. Most pool owners make the mistake of using slippery materials when surrounding the pool and it leads to more accidents than they can imagine. This can be considered as negligence on your part. There is the need to use nonslippery materials when surrounding the pool and you should take professional advice from contractors before you make any decision when constructing the material that is to surround the pool. Whenever there is a slip and fall accident, it is required by law for juries and judges to take into account all the factors of the environment where the slip and fall happen.
What Are The Risk Associated With Your Swimming Pool?
The first common accident is drowning; It is important for pool owners to ensure that all the children using their pool know how to swim and if possible draft a user agreement that will be signed by a parent or guardian with an acknowledgment that their child knows how to swim. You should also provide adult supervisors throughout the swimming area so that they are observed and activities are directed to ensure nothing goes wrong.
How To Avoid Pool Related Claims
As a pool owner, the best way to avoid claims is to make sure that you have employed every possible security and safety measure that is required by your state. When you do that, even if an accident happens there would be fewer liabilities on your part. If you’re a homeowner make sure to lock the gates to your pools so that unwanted guests cannot access your pool. Any child that’s going to use your pool should be under close supervision and you should ensure all the pool facilities are working appropriately. Also, you should have multiple lifesaving floatation devices around your pool for extra safety.
Proving negligence isn’t always easy. That’s why when an accident happens it’s better for a parent to take professional advice first before proceeding with anything. Consult a professional attorney that will help you with the process. If you have a child that is suffering from personal injuries that were a result of a swimming pool accident you should contact us at Massey & Duffy so we can help you deal with the problem and make all the proper claims that are necessary. Contact us now for a free consultation.