Pools are a great source of fun. They are also a great source of danger. While some risks associated with pools are obvious, some aren’t. Property owners must provide a safe premises – particularly when the property includes a swimming pool – or an accident may result in a swimming pool accident lawsuit.
Property Owner Liability for Guest’s Injuries
The law on pool safety varies from state to state. However, property owners generally have a legal obligation to ensure the safety of their property. This includes ensuring the safety of users of their pool.
The legal duty of property owners extends to anyone who they allow to access their pool for social or business reasons. Commercial property owners are required to ensure safety of their property by making regular inspections. They should therefore be aware of any dangers and make invitees aware of these dangers as well. They also have a legal duty to ensure safe conditions by fixing any hazards within a reasonable time.
This raises the question: Can a guest sue a property owner for compensation for a swimming pool related accident?
The answer depends on whether or not the accident was the result of the property owner’s negligence. Negligence can be established by showing that the property owner violated a pool safety law and this resulted in the accident. It may also be established during an investigation that demonstrates that the accident was caused by an unsafe condition on the premises and the property owner failed to remedy the problem even though he knew or should have known about the unsafe condition.
Property Owner’s Liability to Trespassers
Is the property owner liable for injuries to people using their pool without consent e.g. a trespasser?
As a general rule, property owners do not have a legal duty to ensure the safety of trespassers. However, if they knew that the person or others regularly came onto their property and did nothing to stop them, the property owner may have liablity for an injury caused by an unsafe condition that the owner failed to remedy. These cases often involve children trespassing on property.
Property owners have an obligation to ensure the safety of their pools – even for children. This is because pools are attractive to children who may or may not have permission to be on the property. Requirements vary from state to state. Some states even require property owners to put up fences around pools to prevent children from trespassing and being injured.
Liability for chemical injuries and water illnesses
Obviously, drowning accidents occur most frequently at swimming pools. However, There are other hazards as well. One such hazard is swimmers contracting recreational water illness (RWI). This results from being in contact with, swallowing or inhaling contaminated water from poorly maintained pools. It can result in eye or ear infections, gastrointestinal distress or respiratory illnesses.
Chemicals used to clean pools or sanitize pool water can also be hazardous when used incorrectly.
If you or a loved one drowned or suffered a serious injury at someone’s pool in the Atlanta metro area, please contact attorney Laurie Robbins for a free case evaluation.