Liability for pool owners is an important topic because every year, there are thousands of injuries and deaths related to private residential pools. If you are a pool owner, it’s important to be aware of the various liability laws of your state. In South Carolina and many other states, a lot depends on the relationship you have with the injured party. And how they came to be in the pool. Liability changes depending on if the person is an invitee, a licensee, an adult trespasser, or a child trespasser. The best way to protect yourself from any legal action is to ensure that your pool is not accessible to the public and that you take as many
precautions as possible. Especially if there are children nearby.
Liability for Pool Owners: What You Should Know
Invitees
Liability for pool owners is different depending on the relationship the owner has with the injured party. An invitee is anybody that the owner asks to come to the pool for the owner’s benefit. For example, a pool cleaner or handyman. The owner must fix any dangers that they are aware of around the pool. Additionally, they need to warn the invitee of any dangers that are not obvious or fixable.
Licensees
Liability for pool owners is slightly different for licensees. Licensees are individuals who are on the premises for purposes that are for their benefit. For example, a friend uses the pool with the owner’s permission. In this instance, the pool owner is responsible for taking reasonable care to warn the visitor about any concealed dangers that the pool owner is aware of.
Trespassers
Liability is much less strict for adult trespassers. An adult trespasser is somebody who is on the premises and using the pool without permission from the owner. In this situation, liability for pool owners only extends to not intentionally causing harm to the individual. For example, trying to attack them for
being on the property in the first place. The owner doesn’t have a duty to protect the trespasser from injury in the pool.
Child Trespassers
However, there is a special loophole on liability for pool owners for child trespassers. Pools fall into a special category of liability law called “attractive nuisance doctrine” which includes pieces of equipment that children are drawn to without necessarily understanding how dangerous they can be. The same applies to things like treehouses and trampolines. In these types of situations, owners are required to take reasonable care to make sure that children cannot access the equipment on their own and injure themselves. This might include a fence or alarms surrounding the pool at all times.
If you are considering installing a pool or purchasing a home with a pool, it’s important to understand the various liability issues that you might come across. Not only can irresponsible owners face legal trouble, but also the moral consequences of allowing an accident or drowning to occur on their property. Therefore, liability for pool owners is an important issue. Pool owners must take reasonable care to prevent injury and warn of dangers to anybody invited onto the premises. And for children who might be drawn to the pool, they have an extra duty to ensure that there is no easy access to it. Think carefully before becoming a pool owner and make sure that you are prepared for the responsibility of maintaining safety at all times around the pool.
