Have a Pool? Know The Rules. Swimming Pool Safety & Liability

Pool Safety & Liability: What Every Pool Owner Should Know

Summer’s on its way. And with the hot, humid, muggy weather comes the need — the lust — for a refreshing swim.

It’s time to open that pool!

Kid jumping in swimming pool and not minding safety

As you clean and prep that water, the excitement builds. You can feel the adrenaline rush through your veins. Your kids have told their friends, and now the neighbourhood is quietly awaiting the unveiling of that ocean blue pool. But, before you allow all those kids to jump in and turn the quiet anticipation to raucous cacophony of splashing and screaming, you have to take into account their safety.

Yes, I know, what a downer, right?

As the homeowner, you’re liable for everyone’s safety. The homeowner can be held responsible for any injuries or deaths that take place in or around the pool. It’s highly beneficial for you, as the homeowner, to know your responsibilities to those taking advantage of your swimming pool!

So, we’ve outlined for you below everything you need to know about swimming pool safety & liability.

A Complete Guide To Homeowner Swimming Pool Safety & Liability
Homeowner Liability

A slippery when wet sign, a precaution for homeowner liabilitySimply put, homeowner liability is a result of a lack of safety measures; injuries caused by a lack of security around your pool or a failure to properly maintain the area around the pool can lead to a potential liability suit. Your guests expect that your property be safe and secure of dangers.

Some cities and municipalities possess by-laws regarding construction and maintenance of residential swimming pools. Check out these swimming pool by-laws in Whitby.

Failure to comply with these ordinances make the homeowner strictly liable in the event of an injury or death. This means there is no need to prove negligence.

Swimming Pool Slip and Fall Liability

A person slip and falling into swimming pool

We all know that the area surrounding a swimming pool can be treacherous. Due to the high risk of a slip and fall accident, the homeowner must take precaution and provide non-slip surfaces to slippery areas, or, at the very least, give a verbal warning of the high slip areas.

If an injury arises due to a slip and fall accident, the injured party must establish that either the pool owner  created a potentially hazardous area (say, a puddle), or negligently failed to remedy the hazardous area after notice that it was there.

Attractive Nuisance and Trespassers

two kids being attracted and trespassing in yard If someone trespasses on your property, the homeowner is typically not a at fault is an injury should arise. But, there is a legal loophole, and that is the legal theory of Attractive Nuisance.

This law states that a homeowner can be responsible for injuries to a young trespasser if there is an object on the property which attracts children.

Playground equipment and pools are the most common examples of attractive nuisances, and in terms of swimming pool accident liability the homeowner is typically liable for injuries to children unless it is physically impossible for the child to reach the pool.

If a child wanders over to your property and is injured or drowns in your pool, you’re liable to the full extent of the damages under attractive nuisance.

Insurance and Swimming Pool Liability

a pool full of people, which the homeowner is liable forA homeowner’s insurance policy may be enough to offer coverage for your home, pool, garage, etc., but, the truth is even the most comprehensive insurance policy won’t be enough protection in the event that you or your child is seriously hurt.

Typically pool owners are required to purchase a separate insurance policy for swimming pool liability, or an umbrella policy for the home, which would give them enough coverage for most accidents.

 

If You Were Involved in a Swimming Pool Incident, Call Conte & Associates Personal Injury Lawyers

There is no risk in consulting a personal injury lawyer. If you have legal questions that need answering, don’t hesitate to contact a knowledgeable, compassionate and trustworthy law firm.

Every injury victim deserves to know their legal rights.

At Conte & Associates Personal Injury Lawyers, we know the hardship you’re going through, and we will fight to get you the settlement you deserve. Conte & Associates Personal Injury Lawyers specializes in helping people with serious orthopaedic, brain or spinal cord injuries.

We work in conjunction with the best medical experts in Ontario including neurologists, neuropsychiatrists, neuropsychologists, psychologists, case managers and occupational therapists. We ensure that your condition is properly and fully assessed.

Based in Vaughan, Conte & Associates works with clients in Vaughan and in the surrounding cities of: Thornhill, Woodbridge, Concord, Kleinberg, Maple and Richmond Hill.

Contact Conte & Associates at 1-877-614-0008 for all your legal needs. 

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