Swimming Pool Liability

Pool owners, whether public or private, are prone to face potential liability if a swimmer or visitor is ever injured. Though the owner is not automatically liable for any injury that occurs in or around the pool, it never hurts to know the laws and other factors affecting when liability for a pool injury does and does not exist.

Premises Liability Rules

First of all, premises liability law is the body of law which makes the person who is in possession of land or premises responsible for certain injuries suffered by persons who are present on the premises. Due to a pool is a part of the property it’s located on, premises liability rules will typically apply in a pool injury lawsuit.

This law refers to three types of “entrants” on the premises (trespassers, licensees, and invitees) and how the owner is responsible for each type of entrant. Of course, whether the pool is public or private, the owner’s first duty within the law is to make the pool area reasonably safe.

Child Trespassers

Now you may wonder how a pool owner is responsible if a trespasser becomes harmed in their pool. This applies to trespassers who are the age of a child. Pool owners should be obligated to keep their pool safe from young children who could drown. This nuisance doctrine will vary from state to state, but it’s always smart to make sure access to your pool area is secure and safe and take whatever measure possible to prevent not only trespassing but the loss of life that may occur when people trespass.

Personal Liability

Personal liability is when a financial obligation for which an individual is responsible and which may be satisfied out of his or her assets. When it comes to personal liability, premises liability rules will not apply. This is if the lawsuit is based on an injury caused by the defendant’s intentional or negligent behavior while also using the pool. For example, if the defendant playfully pushes the plaintiff in the pool and the plaintiff doesn’t know how to swim, they could sue for negligence or possibly battery.