Backyard swimming pools, while they provide tons of fun, provide serious swimming pool liability. The homeowner can (and probably will) be held responsible for any injuries or deaths that take place in or around the pool, even if the people in question were trespassing, scaled a fence to access it, or otherwise used it without your permission. With or without permission and knowledge, swimming pool liability attaches to the owner of the pool for the safety of anyone using it.
Swimming Pool Liability and Pool Rules: Preventing Swimming Pool Accidents
When you own property, you owe a duty of care, even to trespassers. The "duty of care" means, in most states, that you cannot create a hazardous situation and are often obligated to prevent, repair, and warn of any hazardous situation. If you have an unattended, unsecured pool, especially one that is easily accessed by wandering children or other strangers, you may be found to have created a hazard and not to have properly taken steps to protect those trespassers to prevent swimming pool liability.
Insuring Against Swimming Pool Liability
The fact that there is often swimming pool liability for accidental drownings is a primary reason why pools are such a grey area when it comes to home ownership. In fact, a pool can decrease the value of a home if buyers are worried about swimming pool safety or swimming pool liability. While technically a homeowner’s insurance policy may offer coverage for a pool, the truth is that any sort of coverage, even through the most comprehensive policy you can purchase, is not necessarily going to be enough to protect you should someone be seriously hurt in your pool. It is practically required that you purchase a separate insurance policy for swimming pool liability, or an umbrella policy for your home, which would allow you to purchase swimming pool liability coverage into the millions of dollars.
You’re not alone; public pools and any other facilities that have pools are also held to the same swimming pool liability standards. Fences, signs, and other safeguards, while helpful, are not enough to remove swimming pool liability from the owner of the property.
Getting Help
If you do find yourself facing swimming pool liability, or if you are concerned about whether you have adequately secured your pool to minimize swimming pool liability, it is a good idea to talk to a lawyer for guidance and advice.