The law generally says that homeowner liability is limited if the injuries sustained were sustained by trespassers. Trespassing is the invasion of one person’s real property by another. Whether the trespass is intentional or accidental, if a would-be trespasser’s destination is on the owner’s property, the behavior is considered trespassing.
If you are concerned about accidents and injuries affecting strangers or uninvited guests, you should consider putting up a fence. In court, a finding that a swimming pool was a trespasser’s intended destination is not too difficult, as it is a common (and common sense) target.
However, for the same reason that a swimming pool is a common sense target, courts would also find it common sense to protect swimming pools from incursion by children. Swimming pools can be a great bonus for a home, but they also create a potentially inviting and dangerous situation, or in legal terms an attractive nuisance, for children and uninvited guests. Attractive nuisance is a legal exception to traditional trespass legal doctrine. It states that a landowner can in fact be held liable if a dangerous object is likely to attract children and isn’t properly obscured.
Homeowner liability stems from negligence, or the failure to do what a reasonable person would have done under similar circumstances. Injuries resulting from a lack of security around a pool or a failure to properly maintain the pool in good condition may result in homeowner liability.
In addition, most states, cities, and towns have statutes regarding the construction and maintenance of residential swimming pools, including requirements for special covers, locked gates, and fencing. Though these restrictions may seem elaborate, failure to comply with ordinances can invite injury and may make proving liability easier. For more information, be sure to contact a local attorney with experience in homeowner liability.