Who’s Liable for a Drowning Accident in a Private Swimming Pool
Having a swimming pool on your property is a terrific luxury, but it also comes with a great deal of responsibility.
Aside from regular maintenance and cleaning, pools encompass a wide scope of legal responsibilities as well. Not only is it important to understand your legal liability in owning a private swimming pool, it is also important to do what it takes to protect yourself from such liability.
If you do not take the proper precautions to ensure accidental drowning and other swimming pool-related accidents do not take place on your property, you could be held legally responsible for all subsequent damages and losses suffered by the victim and their family.
Continue reading to learn what you need to know about swimming pool safety and liability.
Swimming Pool Laws
There are laws set forth in every state governing both private and public swimming pools, from simple permit and license regulations, to zoning laws, construction, and more. These laws differ among each state, so it is strongly encouraged to review your county’s swimming pool laws before installing one on your property or visiting another’s swimming pool.
Here in Indiana, there are several laws regarding swimming pools. For instance, pools must be at least 10 feet away from any other building or house, and must remain in the side or back yard of a private residence.
Swimming Pool Accidents and Liability
Common swimming pool accidents than an owner would be held liable for include drowning, orthopedic injuries, slip and fall accidents, concussions, and even electrocution accidents.
Here in Indiana, the owner of a private swimming pool is the party liable for any accidents that happen on their property, whether they are present and supervising the use of the pool at the time of the incident or not.
Not only must a swimming pool owner take the proper precautions to ensure accidents do not take place on their property while they are home, they must also protect the possibility of trespassers or those who use their pool without permission.
You see, a pool owner might also be found liable for an accident in their swimming pool if they did not take the proper actions to lock their pool up from the outside public.
In the case that a group of kids use a private swimming pool, and someone drowns, the owner could be held liable if the gate was not locked, even though they did not give the kids permission to use their pool. In fact, a similar situation could also fall under attractive nuisance laws, which hold an owner liable in the case that their pool is visible to the public and has features that attract trespassers, such as twisting slides, giant figurines, or cascading waterfalls.
This also includes pools with easy-access or within public view.
For these reasons, most states have ordinances that require pool owners to install fencing around their property.
Posting a sign is not usually enough to evade liability in a swimming pool accident, so pool owners should take other precautions as well, such as:
☑ Having high fences that lock from within;
☑ Monitoring alcohol consumption among guests;
☑ Supervising kids and minors at all times;
☑ Installing motion sensing lighting outside;
☑ Installing video surveillance;
☑ complying with all laws governing private pools;
How to Make a Swimming Pool Accident Claim
If you are a victim of a swimming pool accident in Indiana, contact the Law Office of The Lockwood Legal Group, LLC
We can arrange a virtual appointment, in-person appointment at our office, or even travel to your home to meet you and your family.