Liability of the Homeowner
If a pool does not follow proper regulations, then the homeowner may be held liable for negligence in the case of an injury. In such case, the injured person would need to prove negligence, which can easily be done if the pool or pool area was not maintained properly to prevent any possible injury that. To properly maintain pool construction and maintenance up to standards, thus avoiding a lawsuit, a pool owner should:
- Provide proper security or rules to adhere by
- Maintain an adequate water level and water clarity
- Install gates and fences of a proper height
- Ensure the area is free any potentially dangerous objects
Slip and Fall Accidents
Slip and fall accidents are the most common pool-related injury. For a homeowner to be found liable, the injured person will need to provide proof that guests were not warned of possible hazards, or that necessary safety precautions weren’t taken.
To prevent said claims, a pool owner should:
- Build walking and stepping areas of the pool with non-slip surfaces
- Post signs in potentially wet and slippery areas. Theses signs should warn guests to use caution or avoid the said area.
Attractive Nuisance and Trespassers
Typically, homeowners are not liable for the injury of any trespassers, however, there is a loophole that may apply. If children are attracted to an object on the property that results in an injury, the homeowner may be responsible. Pools are among the most popular examples of attractive nuisance. To avoid a possible lawsuit in the case of trespassers, a homeowner should:
- Secure the perimeter with fencing and gates that are properly installed and high enough to prevent the entry of children
- Maintain proper maintenance of the pool area
Swimming Pool Liability and Insurance
If you are planning to build a pool or already have one, typically you should obtain either an umbrella home insurance policy that covers pool accidents, or a separate insurance policy for swimming pool liability. Most personal injury damages will be covered under sufficient insurance, benefitting both the homeowner and the injured party.
Unfortunately, however, insurance companies still may not want to pay for damages. In turn, they may try and shift blame of the accident. To avoid this or any other complications, you should contact an experienced personal injury lawyer such as the slip and fall lawyer New York, NY locals trust anytime there is potential for a pool-related liability lawsuit. Whether you are the homeowner or the injured party, they can help you properly navigate your case in correspondence to the legal circumstances at hand.
Thanks to authors at Okun Oddo and Babat P.C. for their insight into Personal Injury Law.