Allen's Answers

It is summer, and the 4th of July is just around the corner. Fewer of us will be traveling this year, so the stay-cation has come to Alabama.

If you are fortunate enough to have a pool, you are going to be a very popular neighbor this year. But having a “cement pond” comes with legal responsibilities.

Follow CDC Guidelines

This year, you must be mindful of the COVID-19 safety advice. Keep a distance between people if you can. Use masks when appropriate. How we handle pool gatherings is just one of the many changes in our new reality.

Know the Law

In Alabama, a pool is considered an “attractive nuisance.” In fact, it is at the top of the list for attractive nuisances pulling the attention of small children and even strangers. Under Alabama law, you have a specific responsibility to keep the area safe from unsupervised children and even trespassers.

On the other hand, you have minimal responsibility for teenagers and adults. The law feels they can and should take care of themselves. Not that you would, but the law does state that you can not set traps that could injure anyone.

There are 3 major actions you should take.

  • First, put up a fence. In fact, if you don’t, you are just asking for legal trouble.
  • Second, post warning signs. For example, how deep the water is and if diving is allowed.
  • Third, notify any user of any potential danger. For example, broken ladders or hidden structures. Mention anything that a reasonable person would not see or know.

Take these few actions and then go out and get wet. Hey, it is summer in the South.

If you are hurt in a traffic accident or suffer a personal injury, you can talk to us at the Law Firm of Eiland and Ritchie for free. We want to help you get back on your feet. We are working remotely mostly but are always available.

Also, join us on NBC 15 LawCall here in Mobile every Sunday night at 10:30 right after the news. We will take your calls live. We are experimenting with new ways to do the show and still follow the CDC guidelines. You might want to see what we have come up with.

Allen Ritchie

Alabama personal injury lawyer

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