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What makes a property owner liable for a pool injury?

On Behalf of | Apr 26, 2024 | Premises Liability |

Summer is almost here, and that means everybody will be looking for new ways to beat the heat – and a lot of folks will automatically seek out a pool.

Unfortunately, pools can be dangerous, especially for children – and this is true for public pools, waterparks, pools in hotels and residential pools alike. Pool owners have a legal obligation to maintain a safe environment for their guests because the failure to do so can turn deadly. 

Here are some common reasons that pool owners can be considered liable for injuries:

1. They don’t take steps to keep out children

Under the attractive nuisance doctrine, property owners may be held liable for injuries to children (even if they are trespassing) when the property owner failed to take reasonable steps to prevent access to their pool. This means having fences, locking gates, using pool covers, putting ladders out of reach and locked in position and other safeguards.

2. There’s inadequate maintenance and repair

Failure to properly maintain or repair the pool and its surrounding areas can create significant hazards. Broken tiles, malfunctioning equipment or unbalanced chemical levels are all big safety issues. So can failures to meet local building codes or safety regulations.

3. There’s no supervision or inadequate supervision

If the property owner or someone entrusted with supervising pool activities fails to adequately monitor the guests and swimmers and an injury occurs as a result, the property owner may be held liable for negligence. This is particularly true if there are supposed to be lifeguards on duty but they’re either absent, poorly trained or too few to be effective. Rowdy behavior, pushing people of the sides of the pool and risky dives should all be stopped.

If you or your loved one suffers a pool injury this summer, find out more about how personal injury claims work and what it takes to protect your interests.

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