Premises Liability In Swimming Pool Accidents

Just about everyone loves swimming pools. They provide both enjoyment and relaxation, and there may be no greater way to kick off than to lounge in the pool, with your friends or family. However, the hazards that come with having swimming pools should not be overlooked. Those who own pools, whether they are for private or public use, should understand the liabilities that come with having swimming pools.

Swimming pools fall under the premises liability rule, since it is deemed as part of the property that it is situated. The rules may differ from state to state, but generally the United States law on premises liability identifies three types of participants and the degree of care the owner of property owes to that participant. In most cases, it is the responsibility of the property owner to ensure that area is reasonably safe.

Public pools, whether they are paid for or free, are under the responsibility of the property owner. They are the ones liable should an accident or injury occur within the premises, therefore they should maintain as well as repair any damages in the vicinity that may cause injury or accidents. As for private pools, it is the owners of the property to warn guests of the dangers that they may not be aware of. However, in cases of trespassers, the owner does not have any duty of care except if the trespasser a child.

Disregarding the fact of whether the participant is a trespasser, invitee, or a licensee, it is the responsibility of the owner to provide necessary warnings of the dangers around the pools, such as slippery surfaces and no-diving spots. It is also the property owner’s responsibility to provide emergency safety equipment as well as lifeguards (particularly in public swimming pools) to oversee the premises.

To avoid any premises liability lawsuit, swimming pool owners should make sure that the area is properly secured, maintained and taken care of. Securing the area not only means setting up necessary fences, but also providing proper warning signs and rules that will teach people safety practice while inside the premises. Proper upkeep of the pool is also necessary to prevent any chemical spills or contamination that can also be a cause of injury.

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