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Villarreal & Begum Last Updated Date: April 9th, 2020

Do pools increase your risk of liability?

Do I Need Swimming Pool Liability Insurance?

When owning a home, a pool is the ultimate statement piece. The beauty that a pool can bring to a property is glorious, but in many instances, homeowners wonder what risk they are exposed to when purchasing a pool or purchasing a property with a pool. Do pools increase an owner’s risk of liability? Understanding the liability that a homeowner is opened up to when they own a property with a pool is essential in making the most informed choice possible when owning a pool.

Ways Homeowners Are Open to Liability

Homeowners are not only opened up to liability when people they give permission to swim in their pool get injured, but they are also opened up to liability when trespassers get injured in their pool. When a homeowner takes on the risk of having a pool, it is expected that they maintain and secure the pool to a point where there is a reasonable expectation that people are protected. That means that the pool must be adequately secured (i.e. gates, covers, etc.) and maintained {chemical levels, water treatment, mechanical function, etc.) so that people swimming in the pool are not injured due to negligence.

This may seem pretty odd. How could someone trespassing assume that any liability rests on the owner? The reason why the homeowner is opened up to liability is that the expectation is that they protect the property from unwanted guests. Now, in many instances, homeowners are not liable for injury if they did what is reasonably expected to keep trespassers out of their pool. But it’s important to understand what “reasonable” means and to act accordingly.

It’s also important to check the statutes of the local area where you reside when constructing a pool. Some localities have statutes in place in regards to safeguard pools, including requirements for special covers, locked gates, and fencing. When your locality has laws in place for pools, not complying with these laws can result in significant consequences for the homeowner.

Swimming Pool Slip and Fall Liability, Attractive Nuisance and Trespassers

Slip and fall injuries can be quite tricky. It is important that your pool has anti-slip material to protect from these types of injuries, as well as when there is a puddle that could be dangerous, a remedy to correct the puddle be enacted immediately. Not taking reasonable precautions to correct dangers around your pool could open up a homeowner to substantial liability.

In many instances, trespassers are not protected by poolside injuries when they are illegally on a property. This is a little different when the trespasser is under age due to what’s called an attractive nuisance. What the attractive nuisance statutes does is require homeowners to restrict the access of their pool from young trespassers so that they cannot gain access to the pool. This is used primarily in cases of pools and playground equipment because those types of things are attractive to children. This is why securing access to a pool is fundamentally necessary.

It is important to consult an attorney when you are thinking of purchasing a home with a pool or building a pool on your property. An attorney can give you comprehensive advice in regards to what type of insurance you should purchase to protect your investment, as well as steps to take when there is a pool injury. Contact us today to discuss how we can work to protect your investment today.