With the year-round warm weather we enjoy here in Florida, it’s no surprise that so many homeowners have swimming pools installed in their backyards. These pools can provide hours of fun throughout the year, but they also come with some risks. In fact, homeowners have a responsibility to take certain safety precautions to prevent injuries for guests.
Generally, swimming pools fall into a legal category known as premises liability. Property owners must ensure their premises are safe for all invited guests, along with children who may wander onto their property and into their pool area. This is known as a “duty of care” to protect others.
Preventing pool-related injuries
To that end, owners should be sure that their pools are reasonably safe for use, placing “no diving” signs near shallow areas and ensuring there are no impediments or dangerous situations that could clearly cause an injury. Obvious hazards, like slippery surfaces, are often unavoidable, and would likely not leave the owner open to liability if someone slips and falls.
It’s also the responsibility of pool owners to have adequate fencing around their pools to prevent young children from entering the pool area and falling in or suffering an injury. There should be a lockable gate that children cannot reach to open, and many owners go as far as to install a pool cover to prevent anyone from getting in when no adults are present.
Pool owners would likely not be liable for any injuries that occur to trespassers or individuals who were clearly negligent in their actions leading up to an accident.
To learn more about your legal options if you or a loved one has been seriously injured in a swimming pool accident, consult an experienced Bradenton premises liability attorney with Goldman Babboni Fernandez & Walsh.