Who is at Fault for a Swimming Pool Accident?

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The unfortunate truth about swimming pool accidents is that they happen all too often. In fact, unintentional drownings are currently the fifth leading cause of death of children under age 14 in the United States. The Centers for Disease Control estimates that nearly 4000 people die in drowning incidents each year. Some of these happen on board boats or in fast waters, but all too often, these fatalities happen in swimming pools. Not only are the incidents heart-breaking but there are also legal implications to these deaths, making them more painful.

The bigger legal question to this situation is who is at fault and what kind of responsibility do pool owners and pool visitors have? Swimming pool accident responsibility tends to follow the “premise liability” law of each state. If you are wondering how this might impact you personally, you’re urged to research your state’s particular laws. We have broken down a few general scenarios in this article.

The Pool Owner Basics

Pool owners have a reasonable responsibility to keep their premise well maintained, chemicals well balanced and ensure a safe and secure environment. Pools, in many states, are considered an “attractive nuisance” whereby they may attract people and kids to them even if they do not have permission to be there.

Due to the potential of an accident occurring, pool owners should take appropriate steps to avoid legal implications when it comes to their personal or even private pools. This can be as simple as building fences and gates and the use of pool covers and locks where appropriate.

Pool owners can be held accountable for accidents that happen on their property or premises. If any negligence is suspected and proven, the pool owner may find themselves in the middle of an unintentional legal battle.

The Pool Visitors Basics

Often times, especially in public, community or hotel pools, there will be signs posted about safety and liability. As a pool guest, those rules should be followed for everyone’s wellbeing. In general, the management of that property should be maintaining it and taking on the responsibility to ensure it is a safe environment for you, your friends and family. There is a certain level of expected responsibility on your part too. You and those you are with should avoid behaving in a way that can lead to a swimming pool accident or injury.

However, if you or someone you love has been injured due to faulty maintenance or negligence of some sort, you may have legal recourse. In these situations, it is best that you consult with a swimming pool accident attorney to understand your full legal options and get specifics about your case.

The Public Pool

The owners of public pools are tasked with maintaining a safe environment for invitees. This includes the health of the water of that pool, signs to help invitees navigate the water (such as depth signs) emergency equipment and lifeguards in some cases.

When a pool owner fails to ensure the safety of their swimming pool, they can be held responsible for the accidents that may occur on their premises. Pool owners must also adhere to federal and state laws and regulations as outlined in the Pool and Safety Act.

The Private Pool

Private pool owners also need to be highly aware of their liability when it comes to caring for guests who are using their pool. They should make everyone aware of their own rules and anything that might not be working properly, for example, a broken swim ladder. There is a misconception that private pool owners don’t have the same liability as a public pool operator, but the truth is they carry some liability if an accident happens in their swimming pool.

If an accident takes place or even accidental death, a private pool owner can be found liable. This can even be the case if someone falls into the pool (like a child) without the knowledge of the owner. Private pool owners should take their own liability seriously by making use of fences or a pool cover to ensure they are covered from any potential litigation.

For the most part, a private pool owner doesn’t carry liability if someone trespasses onto their property and has an accident in their pool. The exception to this, however, is when a child finds themselves in a private pool and no reasonable safety measures were taken to prevent such an accident from happening.

If you or someone you love has been injured in a swimming pool accident, it is important that you speak with a swimming pool accident attorney to get an idea of the legal process. These accidents are already incredibly difficult, to begin with. Finding a qualified swimming pool accident lawyer to help you in your case will only ease the stress and trauma that this sort of accident can have to a person or family.

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