Private swimming pools can be a great source of exercise and fun for the entire family. However, it is not uncommon for the family to have guests over. In the event that a guest comes over, gets into the pool, and sustains an injury, as the home and pool owner, you could be held liable for the damages. At the same time, if you are a guest that has suffered an injury while at a friend's house, it is possible to hold them responsible for your injuries and the costs associated with said injury. Below, you will learn more about the potential injuries that can be sustained in a swimming pool, the likelihood for owner liability, as well as how pool owners can protect themselves.
Common Swimming Pool Injuries
Swimming pools are surrounded by wet surfaces, which can lead to serious gashes and cuts, sprained muscles, broken bones, and head injuries. If the swimming pool is not deep enough and someone dives in, it can lead to traumatic brain injuries, spinal cord damage, and possibly even death. One of the main concerns in drowning. It is possible for an individual can be rescued in time; however, the reduction in oxygen that made it to the brain can result in brain damage, compromised motor functioning, or a vegetative state.
Owner Liability
Since a private swimming pool is considered personal property, a premises liability suit may be brought against the property owner for any personal injuries that were sustained while on their premises. Ultimately, the owner of a property has a certain responsibility to ensure that they are offering a safe situation for any individuals that step onto their property to use their swimming pool. When they violate said responsibility, there is usually grounds for a lawsuit.
In addition, swimming pools are often referred to as attractive nuisances, which is a legal policy that simply states that property owners may be held responsible for damages that are suffered by kids who trespass onto their property and suffer injuries.
How Liability Can Be Reduced
Property owners can be proactive and take certain steps to thwart the risk of personal injuries from happening. In many states, it is required for private pools to be enclosed with a fence. Some states have laws as to how high this fence must be. In addition, a gate may be required, which may need to be self-latching and -closing. An alarm and pool cover may also be required.
Not only should property owners be aware of these laws, but guests should be as well. In the event that a guest suffers a personal injury, the guest would be aware of whether the property owner was up to code at the time of the incident, which can be helpful for a personal injury lawsuit.
If you have recently suffered an injury while at someone else's private swimming pool, get in touch with a personal injury attorney.
Share1 June 2020
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