Legal Duties of Pool Owners

Mount Laurel, New Jersey, Pool Injury Attorneys

While backyard swimming pools are fun, they also represent a certain amount of liability for homeowners. Homeowners should be aware of their legal obligations to take preventative steps to minimize or eliminate pool-related injuries. It’s important to also keep in mind that a swimming pool is considered an attractive nuisance — that is, something that by its very nature is likely to attract children. As such, homeowners who fail to employ every means available to ensure that their pools are secure, up to code and in compliance with applicable city ordinances can be held financially liable for injuries that occur as a result.

Failure to comply with applicable codes and statutes could result in a personal injury or wrongful death lawsuit against a homeowner should a child wander onto the property and sustain injuries in the pool, regardless of whether the child was trespassing at the time.

Securing a Backyard Family Pool

Homeowners should install child-resistant fencing and pool alarms, post signs, keep pool water free of contaminated water and ensure that diving boards are installed correctly. Fencing is especially important as, according to the Consumer Product Safety Commission, 75 percent of residential pool-related deaths involve children between the ages of 1 and 3 combined with inadequate fencing or a lack of supervision.

Maintaining healthy water is also important, as bacteria from improperly treated water can cause gastrointestinal illnesses, respiratory problems and ear infections (commonly referred to as “recreational water illnesses. Residential pool owners must test pool water regularly to maintain proper chlorine and pH levels to prevent the contamination of pool water. Alternatively, excessive amounts of chlorine can cause burns, creating liability for pool owners as well.

Federal Law — the Virginia Graeme Baker Pool & Spa Safety Act

In 2002, 7-year-old Virginia Graeme Baker died when she drowned after becoming trapped by a drain in a hot tub. In order to prevent similar accidents in the future, the federal government passed the Virginia Graeme Baker Pool & Spa Safety Act (P&SSA) in 2008. Public pools and spas are now required to install certain kinds of anti-entrapment drain covers to prevent injuries due to the powerful suction generated by drains. Residential pool owners should comply with the P&SSA and install anti-entrapment drain covers to limit their liability for drowning injuries.

Holding Negligent Pool Owners Liable for Injuries

If you’ve been injured in a pool accident, it’s important to talk to an experienced premises liability injury attorney link to who understands the current laws and regulations regarding swimming pools. It’s also important to begin the investigative process before the public pool or pool owner in question removes key evidence or eyewitness testimony is forgotten.

To learn how our pool injury attorneys can help you, contact Mount Laurel, New Jersey, personal injury attorneys at Taylor & Boguski today.