A home swimming pool, while it offers lots of fun, can also be the result of major swimming pool liability issues that come up when pool accidents occur. The person who owns the property where the pool is located can and likely will be considered liable for any injuries or deaths that occur in the pool, no matter what the circumstances of the swimming pool accidents. This includes drunken swimmers, small children, adults who cannot swim, those who sneak into the pool without your permission, trespassers, and many other types of pool accidents.
Swimming Pool Liability for Drunken Pool Accidents
Homeowners have a legal duty to both guests and trespassers. The duty can vary depending on why the person was at your home; however, in every case the homeowner must not put anyone else in a dangerous situation. If you have someone in your home and you know he is drunk and you let him swim... or worse, if you give him alcohol, you are creating an inherently dangerous situation. If a swimming pool accident results, and if that person drowns, swimming pool liability will result.
Swimming Pool Liability Generally
Unfortunately, homeowners generally have a great deal of swimming pool liability. The issue comes up when pool accidents occur on your property, and you were responsible for maintaining the dangerous area in and around the pool. This same swimming pool liability applies to hotels, resorts, and privately-owned commercial swimming pools and beaches.
Posting “keep out” signs is not enough to clear your swimming pool liability. In fact, most lawyers say that when it comes to a backyard pool incident, the homeowner should not wonder “if” he or she will get sued; simply “when.” This isn’t necessarily an issue of greedy people suing to make money off of the death. It’s simply a sad fact of the huge costs of medical treatment, as well as the devastating loss of a loved one in a pool accident.
Protecting Yourself From Swimming Pool Liability
Homeowners with pools need to lay down very strict guidelines with anyone who uses the pool to prevent pool accidents whenever possible. Unsupervised swimming should never be allowed, and giving anyone permission to access your pool when you are not around is asking for trouble. You should also check over your homeowner’s policy, since virtually no policies, no matter how comprehensive, cover swimming pools. You will likely have to purchase a separate policy or use an umbrella policy in order to take out the largest liability coverage you possibly can to be protected from swimming pool liability.
Getting Help
Before putting in a pool or having a backyard pool party, it is a good idea to talk to your lawyer about the swimming pool liability issues involved. If a pool accident has already occurred, it is imperative you consult with a lawyer for help as soon as possible to try to minimize the damages you'll have to pay.