Swimming Poos & the Law


Memorial Day weekend means family gatherings, cookouts, the beach, the pool – and of course, honoring our Veterans. If you are entertaining in your backyard, and if you have a pool, you need to take precautions to maintain safety and avoid injury.

Did you know that anyone who is injured in your swimming pool may have a legal right to file a claim against you? This is true even if that person is trespassing on your property.

The sad fact is that drowning is the second leading cause of death, after car accidents, in children 5 years old and younger.

Here are some tips for keeping your pool area safe:

  • Fences and walls surrounding a pool should be at least 4-feet high
  • Gates should be self-closing, self-latching
  • Doors leading out to the pool area should be protected with alarms
  • Use a power, lockable safety cover

Your yard should be fenced, but the immediate area around your pool should also have a fence. If you have small children, make sure that your gate has an automatic lock.

Gates, in addition to being self-locking and self-latching, should be well out of the reach of children.

Check your spa and pool covers regularly during the summer to ensure that they’re in proper working order. And consider using a surface wave or underwater alarm.

A motor-powered barrier that can be placed over the water area should be used when the pool is not in use.

Also, check for areas where guests may slip and fall. You can also be held liable for slip and fall accidents where such potential exists.

If you have legal questions, please consult our Online Legal Directory to find an attorney in your area.

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