3 minute read
Are You Liable If Someone Drowns In Your Pool?
While never a pleasant scenario to imagine, if you own a swimming pool the question inevitably will come up at some point; what happens if someone drowns in the pool? Knowing what your liability is as a homeowner and the facts regarding this issue may answer several important questions. Namely, are you financially covered in the event of an accidental death?
In public pools and privately run pools, the pool owner or operator is liable for the safety of swimmers. Examples of negligent behavior can include failing to ensure proper operation of equipment and following basic safety guidelines. Owners and operators may also be liable for failing to properly staff and train lifeguards.
Injuries such as slip and falls that occur on premises may also constitute negligence on the part of the pool owner if a court determines they were at fault and failed to maintain the facilities. Even to the extent of providing adequate signage that directs people not to run or engage in horseplay around the pool area.
Residential pool owners may also be liable in the event of an injury or unforeseen tragedy such as an accidental drowning.
A lawyer would argue that the responsibility to address any potential safety hazards in and around the pool lies with the homeowner.
Many states also have laws regarding fences, gates, and barriers that must be in place around the pool area.
Failure to install this required equipment in accordance with the state mandate could constitute negligence on the part of the homeowner and leave them liable for damages.
While the laws of each state differ, trade professionals such as pool service technicians and even pool builders may be liable in the event of an injury or accidental death.
In some instances, pool equipment suppliers and manufacturers may even be held liable for damages.
While most homeowners carry a minimum of $100,000 in liability coverage, some policies don’t cover swimming pools. An accident could potentially leave you with liability for damages that exceed your minimum coverage.
It’s advised that homeowners who rent out their property or swimming pool get additional liability coverage. Popular rental platforms like VRBO, Airbnb and Swimply offer up to an additional $1 million in coverage, but purchasing your own independent additional coverage may ultimately be the best protection for those who are renting out their backyard.
All new pools in California must meet the requirements of the Swimming Pool Safety Act. Among other things, the Act requires access gates in residential swimming pool enclosures to be at least 60 inches long, selfclosing, and have a self-latching device no lower than 60 inches above the ground.
Former Mötley Crüe drummer Tommy Lee and his wife, actress Pamela Anderson, were sued for $10 million in 2001 after a four-year-old child drowned in their swimming pool during a birthday party. The toddler had been left unaccompanied “for a minute,” according to Lee. Although a jury finally found they were not negligent, the couple was still subjected to much agony as well as significant legal expenditures.
