Swimming pool owners are required to maintain the safety of their pool area. A swimming
pool is a structure that is attached to fealty. For this reason, it is regarded
All property owners have a social and civil duty to make sure that their property
remains safe at all times. Herein are several reasons why a swimming pool owner
has legal duty to safeguard.
According to the Residential and Commercial Swimming pool Safety Act, there are certain
duties afforded to a swimming pool owner regarding safety measures and
barriers. This duty is owed both under common law and under the Occupiers
Liability Act of 1957.
For swimming pool owners; there are three different kinds of duty. These duties may
sometimes overlap. The first is the duty that attaches property occupiers in
respect of the state of the property which has to be judged in the context of
the purpose for which the visitor is in the pool.
Secondly, there are swimming pools which cannot be termed as unsafe but may bear some
hidden dangers. Finally, there are those pools whereby activities have been
permitted that may give rise to dangerous situation themselves. Under all three
scenarios, the 1957 Act obliges the property owners to provide structures or
premises that are reasonably safe for whatever activities are allowed to be
carried out within them.
In the event of any incidences, the individual cases will be fact sensitive. However,
it is still very important for swimming pool owners to provide safeguard. It is
likely that common law would not arise in some cases but it still remains a
social obligation for the pool owner. The reason for this is that swimmers
would naturally assume that there should be some sort of safeguard since they
understand that to be the norm.
Depending on whether the swimming pool is residential or commercial, any arising legal
cases can go in either direction. In some instances, owners who fail to provide
safeguard can be held liable to prosecution for misdemeanor. This is because
severe injury or death can result due to this negligence.
It does not take a swimming pool expert to know that drowning is a leading cause
of preventable death in children under the age of 5 years. For this reason, a
swimming pool owner has special duty in regards to child trespassers. Under the
child trespassers doctrine, the pool owner can be found liable for any injuries
suffered by a trespassing child. The same owner may be let off if the
trespasser is an adult.
Attractive nuisance refers to anything that could arouse the curiosity of a small child
and attract them into premises to investigate the said object. In a court of
law, water bodies including swimming pools may be classified as attractive
nuisance. Due to a child’s inability to reason, they will likely be attracted
to an accessible pool therefore endangering their safety. The supreme court of
the respective state sets forth the regulations for determining if something is
or is not an attractive nuisance in individual cases.
For these are numerous other reasons, all swimming pool owners have to implement
certain safety procedure including but not limited to setting up enclosures, incorporating
mesh pool fencing, employing pool safety covers, hiring lifeguards, swimming
pool alarms and depth indicators.