How to Lawsuit-Proof Your Pool

Owning a pool is one of the best ways to stay cool during hot Houston summers. Whether you keep your pool for private or public use, you have a responsibility to ensure its safety for the community. Ignoring your duties as a pool owner could lead to liability, if an invited guest or even a trespassing child, sustains injuries in your pool. Being the defendant in a personal injury or wrongful death claim is probably the last thing you imagined when you installed your pool. Here are five ways to lawsuit-proof your pool.

With unintentional drowning the fifth leading cause of injury death in the U.S., preventing people from stumbling into your pool should be a top priority. Unintentional drowning is especially a risk for children, with about two children ages 14 and younger dying from unintentional drowning per day. Help prevent this type of accident by putting up proper pool barriers or covers. Install climb-proof fencing or a screen around your pool, with a gate or door that locks. Your pool should be secure from trespassing children at all times. Installing a motion-sensor alarm in your pool area can add additional protection.

If you own a private pool, you could face liability for injuries or death if you are guilty of failure to supervise swimmers. You or someone else should supervise children during pool parties or gatherings at all times. Have children wear floaties or safety devices in the pool for good measure. If you own a public pool, or one open to guests such as a hotel pool, you must abide by state and federal pool laws. This may include hiring a lifeguard to provide for the reasonable safety of swimmers.

Many pool-related injuries stem from a maintenance issue within the pool or pool deck, such as faulty electrical wiring, exposed metal, broken glass, or a missing drain cover. Inspect your pool for safety hazards regularly, and take prompt action to repair known issues. If you know of a potential hazard that may not be obvious to swimmers, such as a pool that is too shallow for diving, you have a duty to post clear signs warning visitors of these risks.

The pool deck can easily get slippery with people getting in and out of the pool. When building your pool, consider using non-slip material for the deck. Otherwise, help prevent dangerous slip and fall accidents by posting visible warning signs around the area. Signs should warn that surfaces might be slippery when wet, visitors should use caution when walking, and swimmers should never run on the pool deck.

Lack of emergency preparedness at your pool can make you legally responsible for someone’s related injuries or death. Keep safety apparel such as a life raft or ring by your pool. Obtain CPR certification, so you can perform this live-saving procedure on someone who accidentally drowns. Performing CPR until emergency personnel arrive can make the difference between life and death. A courtroom could find you liable, if it believes a reasonable and prudent person in your situation would have reacted differently in an emergency.

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