Homeowner Liability for Swimming Pool Accidents

Many homes now have swimming pools, leaving homeowners at risk if an accident involving their pool occurs. Some homeowner insurance companies require that a gate enclose the pool or ask the homeowner to remove diving boards or other safety hazards before they will issue the homeowner a policy. However, if you follow the proper precautions your liability in a pool accident will be limited.

Types of Pool Accidents

No matter how cautious you are, pool accidents do happen. There are many different types of pool accidents. The most common pool accident is a drowning. However, areas around the pool can become slippery when wet making slip and falls accidents very common. A slip and fall accident can cause body or head injuries that can range from minor to severe.

Homeowner Injury Liability Issues

Because a pool is a known, dangerous condition on their property, homeowners have a duty to maintain their swimming pool and its surrounding area so that it is safe. For example, a homeowner has a duty to move equipment protruding into walkways around the pool, ensure the pool water is safe and free from known bacteria and regularly check the pool’s filtration system to confirm no problem exists with the system.

If the homeowner fails to maintain their pool and its surrounding area, the homeowner will be found to be negligent in maintaining their pool and therefore may face liability for any accidents that occur on the homeowner’s property. If the homeowner had knowledge of the dangerous condition and did not correct the problem, the liability the homeowner faces will be more severe.

Homeowners Insurance Claims

If an accident occurs on your property, you will submit an accident claim to your home insurance policy. Your home insurance carrier will review your claim and determine whether you were at fault in the accident and whether your policy reimburses you for such accidents.

In most scenarios, a comprehensive liability homeowner policy may be the only method to protect you from liability if an accident occurs on your property. However, if you are found to be negligent in properly maintaining your pool, your insurance may not reimburse you for your expenses.

Getting Legal Help

If someone has been injured because of your swimming pool, contact an experienced insurance attorney as soon as possible. An attorney can explain your liability to you and help you discuss your options with your insurance company.

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