A homeowner can be liable for a child swimming pool accident if he did something or failed to do something that could have prevented the accident from occurring.
Here are 10 occurrences when a homeowner might be liable for a child swimming pool accident:
Lack of a Barrier or Fence
Many cities mandate that pool owners build compliant fencing or other barriers around swimming pools. The law considers pools to be “attractive nuisances” which, like trampolines or other items in this category, can attract children who can get hurt.
If a homeowner does not build a complaint fence and a child gets into the pool and drowns or injures herself, the homeowner may be liable for those injuries.
Faulty or Non-Functioning Alarms
If young children inside the house can get to the pool, the homeowner should have an alarm in the pool to notify people inside the house that someone has entered the pool. Also, the homeowner should secure the doors that lead to the pool and install alarms on them. If the homeowner leaves a gate open, turns off the alarm, or fails to secure a door, the homeowner can be liable for an injured child.
Lack of Supervision
The National Safety Council (NSC) warns it only takes a moment for a child to drown, and that drowning is one of the leading causes of death for young children. While all parents should watch over their children while in the pool, a homeowner can be liable if a lack of supervision caused a child to suffer injuries in a swimming pool accident.
Old or Defective Pool Drains
While the drains in older pools tend to be more dangerous than newer ones, even a new pool drain can cause horrific injuries and fatalities. If a homeowner failed to turn off a dangerous drain or replace a broken one, he can be liable if the drain injures a child.
A homeowner can be liable for injuries caused by dangerous conditions in or around the pool if the homeowner has not properly maintained the pool area.
Failure to check the screws that secure pool ladders can cause people to fall or lose their balance, which can make them strike their heads on the edge, side, or bottom of the pool. Broken pool edging can cause a child to suffer lacerations that could require stitches. Failure to clean up spills around the pool can make a child slip and fall, which could result in fractures or head injuries.
Dangerous Slides or Diving Boards
Many public pools have removed their slides and diving boards because of the high numbers of injuries. If a homeowner has a slide or diving board installed at a pool that does not have sufficient depth for people to use them without striking the bottom or side of the pool, a person can sustain a head or neck injury from hitting the bottom or sides. The victim can face paralysis, loss of cognitive function, drowning from loss of consciousness or paralysis, or another fatal injury.
The homeowner can be liable for any injuries that occur.
Contaminants in the Water
A pool owner has the responsibility of keeping the water clean and safe with a proper balance of chemicals. When a homeowner who slacks off on the water quality has guests over to swim, the homeowner can be liable if a child contracts a water-borne illness from contaminated water.
It is all fun and games until someone gets hurt. Children tend to have little sense of danger when playing in and around a pool. If a homeowner failed to corral either an adult or child who was behaving recklessly and your child suffered injuries, the homeowner may be liable for those injuries.
Lack of Rules or Enforcement
A responsible pool owner will have and enforce safety rules, such as no running around the pool. If they fail to create or enforce rules, they could be liable for any injury a child suffers.
A homeowner can be liable for injuries caused by intoxicated adults or for allowing underage kids to consume alcohol and then swim. If the homeowner was watching the swimmers while intoxicated, he may be liable for any injuries.
Jason R. Schultz: Your Pool Accident Injury Lawyer
At the Law Office of Jason R. Schultz, we sincerely hope your summer is accident-free and that you get to enjoy days by the pool without incident.
Unfortunately, accidents happen. If your child suffered injuries at a friend’s or neighbor’s private pool, you may be entitled to compensation for those injuries. However, you must be able to prove that the party in question failed to do something to protect your child from injury.
Note: We know it can be difficult to consider suing a friend or neighbor. However, if that friend’s negligence caused your child to suffer injuries, you deserve compensation. And because the friend’s homeowner’s insurance should cover the compensation you need, your friend will not pay anything out of pocket.
The child injury team at the Law Office of Jason R. Schultz, P.C. can help you prove the homeowner is liable for the injuries your child suffered. Call 404-474-0804 for a free consultation.