Unsecured Swimming Pool: Who is Liable?

Each year, thousands of families experience the devastation of swimming pool accidents, with drowning being the leading cause of death for children ages 1-4. According to the U.S. Consumer Product Safety Commission (CPSC), there was an average of 358 pool- or spa-related fatal drownings reported per year between 2019 and 2021, and 75% of those victims were younger than 5 years of age. These statistics highlight the critical importance of securing swimming pools to prevent tragic accidents. But when an accident occurs due to an unsecured swimming pool, who is liable?

Understanding Liability

Liability in swimming pool accidents typically falls under premises liability, which means the property owner is responsible for maintaining a safe environment. If someone is injured or drowns in a swimming pool due to the owner’s negligence, the owner can be held liable for the resulting damages.

Negligence

Negligence occurs when a property owner fails to exercise reasonable care in maintaining their property, leading to injury or harm to others. In the context of swimming pools, negligence can take many forms:

Lack of Fencing: Failing to install and maintain a proper fence around the pool area is a common form of negligence. Many municipalities have specific requirements for pool fences, including height and self-latching gates.
Inadequate Supervision: Not providing adequate supervision, especially for children or intoxicated individuals, can be considered negligence.
Lack of Warning Signs: Failing to post warning signs about pool hazards, such as “No Diving” or “Shallow Water,” can also lead to liability.
Improper Maintenance: Allowing the pool to become hazardous due to murky water, clogged drains, or broken equipment is another form of negligence.

The “Attractive Nuisance” Doctrine

The “attractive nuisance” doctrine is a legal concept that holds property owners liable for injuries to children who trespass on their property if the injury is caused by a dangerous condition that is likely to attract children. Swimming pools are often considered an attractive nuisance because they are naturally enticing to children, who may not fully understand the risks involved.

Under this doctrine, pool owners have a responsibility to take reasonable steps to prevent children from accessing the pool without supervision, even if the children are trespassers. This typically includes installing a fence with a self-latching gate.

Who Can Be Held Liable?

In cases involving unsecured swimming pools, several parties may be held liable, depending on the specific circumstances:

Pool Owner: The pool owner is the most common party held liable for accidents on their property. They have a duty to maintain a safe environment for guests and to prevent unauthorized access to the pool.
Property Manager: If the pool is located on a property managed by a property management company, the company may also be held liable for negligence in maintaining the pool area.
Homeowners Insurance: Homeowners insurance policies typically include liability coverage that can help cover medical and legal bills if someone is injured in the pool. However, it’s essential to review the policy carefully to understand the coverage limits and any exclusions.
Pool Equipment Manufacturer: If the accident was caused by a defective pool part, such as a faulty drain cover, the manufacturer of the part may be held liable.

Steps to Take to Reduce Swimming Pool Liability

As a pool owner, there are several steps you can take to minimize your liability and ensure the safety of others:

Install a Fence: Enclose the pool area with a fence that is at least 4 feet high, with a self-closing and self-latching gate. Some states, counties, or municipalities require pool barriers of 60 inches.
Maintain the Pool: Regularly inspect and maintain the pool to ensure that all equipment is in good working order and that the water is clean and safe.
Post Warning Signs: Clearly display warning signs about pool hazards, such as “No Diving,” “Shallow Water,” and “Swim at Your Own Risk.”
Provide Supervision: Always supervise children and intoxicated individuals when they are in or around the pool.
Secure the Pool When Not in Use: When the pool is not in use, remove any ladders or steps that could provide access and consider using a pool cover.
Train Household Members in CPR: Ensure that all members of your household are trained in CPR and basic first aid.
Check Your Insurance Coverage: Review your homeowners insurance policy to ensure that you have adequate liability coverage for pool-related accidents. A $1 million umbrella policy in addition to your homeowner policy is the recommended minimum.

Legal Ramifications

The legal consequences of having an unsecured pool can be severe. In addition to potential liability for injuries or death, pool owners may also face criminal charges for violating local pool safety laws. For instance, in Florida, failure to comply with pool safety requirements is a second-degree misdemeanor.

Homeowners Insurance and Swimming Pools

Homeowners insurance may cover swimming pool injuries, but many policies have specific requirements or exclusions. Some insurers require that your pool be fenced in, or they may not cover injuries that happen if safety features were missing or broken. Failing to install basic safety measures, like a self-latching gate or proper signage, can open you up to negligence claims, or in some cases, strict liability.

Conclusion

Owning a swimming pool comes with significant responsibilities. Ensuring that your pool is properly secured is not only a matter of legal compliance but also a matter of safety. By taking the necessary precautions, you can help prevent tragic accidents and minimize your liability. If you have questions about your responsibilities as a pool owner or if someone has been injured in a swimming pool accident, it’s essential to consult with a qualified attorney to understand your rights and obligations.