Private Swimming Pool Liability
Atlanta swimming pool liability attorney James Ponton has dedicated his practice to helping those who have been injured by the carelessness of others. Private swimming pool owners must act responsibly or be held liable for any injuries their pools may cause. Contact us today by calling 404-418-850 if you or a loved one has been injured while using a private swimming pool.
When Might a Pool Owner be Liable for a Drowning?
There are several different legal theories that could hold a private pool owner liable for a drowning.
Attractive Nuisance. The “attractive nuisance” legal doctrine holds that when a property owner constructs a hazard on his or her property that is likely to attract the unwary, then that property owner must take appropriate safety steps.
For example, a homeowner decides to install a pool in their yard knowing that the neighborhood has many small children who may become intrigued. The homeowner should recognize that these children do not recognize how dangerous water can be and should take steps preventing unsupervised children from entering the pool.
Negligence. A pool owner might be liable if he or she acts negligently. To establish a negligence claim, it must be shown that the pool owner had a duty to act prudently and failed to do so.
For example, a homeowner decides to install a slide into the pool but does so recklessly. The slide becomes dangerous as it sends children into the water dangerously close to the concrete edge. The homeowner allows children to use the slide despite knowing of the heightened risks. If a child were to use the slide and drown as a result of injuries suffered when the child hit the concrete edge, then the homeowner would be liable.
Inadequate Supervision. Inadequate supervision is a type of negligence that occurs when a private pool owner does not provide appropriate supervision over the pool users. Inadequate supervision can occur at homes or any other private pool (such as a hotel pool).
An example of inadequate supervision is when a home owner is hosting a children’s birthday party. The adults responsible for supervising all the children can become distracted or otherwise not be able to watch all the children at all times. If a child were to drown, then that homeowner might be responsible for having failed to adequately supervise.
Private Swimming Pool Owners and Operators
Private homeowners are not the only ones who are responsible for the safe operation of their pools.
- Private Swimming Facilities. Facilities that profit from providing open swimming or swimming lessons must take steps to ensure that their guests are protected. This can mean having a qualified lifeguard on duty whenever there are guests in the pool.
- Hotels. Hotels frequently provide their guests with swimming pools. These pools must be kept clean and safe for guests. Often hotels, and other private swimming pool owners, will try to limit their liability by hanging warning signs or pool instructions. These instructions must be clearly visible, designed to be understood by guests, and appropriate for that specific pool area.
Any business that uses a pool to entice guests is responsible for the safe operation of that pool. Businesses must never be allowed to place profits ahead of the safety of your family. Please contact us online or call Ponton Law today at 404-418-8507 if you or a loved one has been injured while using a pool.