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Is a homeowner responsible for swimming accidents that occur on his or her private property?
Possibly. A swimming pool is a great bonus for a home, but it also creates a potentially inviting and dangerous situation—an "attractive nuisance" in legal jargon -- for occupants of the home, guests, children, and uninvited guests. A homeowner’s liability stems from negligence, or the failure to do what a reasonable person would have done under similar circumstances. Injuries resulting from a failure to properly secure the pool from small children or to properly maintain the pool in good condition may result in a homeowner being liable. In addition, most states, cities, and towns have statutes of one kind or another imposing requirements on the construction and maintenance of residential swimming pools, such as utilizing special covers, locked gates, and fencing. Though these elaborate restrictions may hamstring your access to the pool, failure to comply with ordinances invites injury and may make proving liability easier. |
Free Case Evaluation From An Experienced Personal Injury Attorney.
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