My pool or spa is not enclosed by a fence or wall, do I risk being held liable for a swimming pool injury?
There is a high likelihood that the pool owner will be held liable for any swimming accidents. Water and people—including children, trespassers, and animals—are a magnet, and add booze, a recipe for disaster. Whatever the injury or its magnitude, a reasonably prudent pool owner—private and public—would take special precautions in controlling the access to the pool. Without safeguards, the pool owner could be held negligent and liable for damages that could run into six and seven figures, more for death. In addition, some areas have passed ordinances making it easier for landowners to be held liable for a child’s swimming pool injury or death when they have failed to erect a fence around a pool. |