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“You still have a duty if you know that you have neighbors with small kids that you need to protect that pool and the neighbors’ children .”
If you own a swimming pool, are you responsible if someone is injured while swimming? Are you required to put up fences and warning signs? What if you’re injured in a commercial pool owned by a hotel or resort?
Tad Thomas is an attorney with Thomas Law Offices based in Louisville, Kentucky. He opened the firm in 2011 and can assist clients in Louisville, Kentucky; Chicago, Illinois; and Cincinnati, Ohio. He explains what to do after a swimming pool accident, either at home or at a commercial property.
To learn more, contact the attorney directly by calling 888-981-0031 or by submitting a contact form on this page. There is no charge for the consultation, and you never owe any out-of-pocket attorney fees.
Laws regarding swimming pool liability vary from state to state. Some counties require six foot fences to surround pools, while other areas may require warning signs to be posted. While the presence of a fence or warning signs does not immediately absolve the owner of liability, it can certainly help.
This is why it’s important to contact your insurance company before installing a swimming pool on your property. Some policies may already cover swimming pool liability, while others may not and it might be necessary to add further coverage. Similar to owning an aggressive-breed dog, if your insurance company is unaware of the dog, there isn’t anything they can do to help in case of an incident. Whenever you’re adding a significant feature to your home, it’s important to let your insurance company know so they aren’t taken by surprise if you need to file a claim regarding that feature.
The general rule regarding whether or not a property owner is liable for injuries occurring in their pool is whether or not they exercised a reasonable duty of care regarding swimmer safety. A reasonable duty of care essentially refers to using common sense when deciding what measures should be taken to prevent avoidable accidents from occurring. The safest thing a homeowner can do to protect themselves from liability and their guests from injury is to take every precaution available, meeting not only minimum standards for pool safety but taking additional measures as well. Going above and beyond in regard to pool safety is the best thing a homeowner can do.
As long as your insurance company has been notified of the pool on your property, it is important to contact them and let them know that it is possible a claim may be made against your policy by the injured party. Your insurance company can then provide a lawyer to handle the issue on your behalf. These attorneys are well-versed in insurance and pool liability law and will be able to simplify what could otherwise be a complicated process.
If you or a loved one were injured in a commercial pool like those found in a hotel or resort, the process for seeking compensation may differ. Businesses that contain commercial pools are required to meet even stricter safety guidelines, so when an accident occurs, there is always the possibility that negligence played a part.
It’s important to take pictures at the scene where the pool injury occurred and contact an attorney as soon as possible. Many of these businesses have video cameras which may have caught the accident on footage, but it is unlikely an attorney will be able to access that footage if the injured party waits too long to contact them. The faster an attorney is able to begin their investigation the more likely it is that pertinent evidence can be preserved.
To learn more, contact Tad Thomas directly by calling 888-981-0031 or by submitting a contact form on this page. There is no charge for the consultation, and you never owe any out-of-pocket attorney fees.
Disclaimer: This video is for informational purposes only. In some states, this video may be deemed Attorney Advertising. The choice of lawyer is an important decision that should not be based solely on advertisements.
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