Pools are considered part of a property. Therefore premises liability rules typically apply to pool injuries; both private and public pools. Homeowners may be held responsible for injuries that take place in and around their pool, even if the pool was used without the knowledge or consent of the owner, because pools are considered an attractive nuisance. Homeowner liability stems from negligence, or failure to act in a manner in which a reasonable person would have done under the same or similar circumstances. Injuries acquired from lack of security in or around a pool or failing to properly maintain the pool may result in homeowner liability. This is because homeowners are expected to protect their guests, as well as inaccessible areas to trespassers or unwanted visitors. There are also statutes put in place regarding the construction and maintenance of residential swimming pools, such as necessary covers and fencing. Failure to comply with such statutes may lead a homeowner to be held strictly liable if an injury is obtained on their property.
Owners of public pools also have a duty to properly maintain and repair their pools. The highest degree of care in this case, is owed to invitees or members of the public who are invited to use the pool. Public pool owners may be held liable for failing to provide emergency safety equipment if a guest is injured. A public pool owner can also be held liable for broken equipment or inadequate supervision or lifeguards. In some states, particular types of equipment and supervision are required by law and failure to meet these requirements infers negligence. In addition to keeping a public pool safe and respecting all state and federal regulations, owners are responsible for warning invitees of any hidden dangers, such as providing a sign that mentions that the pool water is too shallow for diving. If injuries result from any form of negligence on the part of the pool owner, the owner will be held liable.
If you have been injured in or around a public or private pool, due to the negligence of the owner contact personal injury attorney Kweku Darfoor of Darfoor Law Firm by calling 1-833-DARFOOR for a free consultation.