There are alot of pool owners throughout Southwest Florida and in your own neighborhood.  If you own a pool, you have a legal duty to make sure the pool is safely maintained.  In the event of an accident, pool owners may be liable.  However, the amount of liablity the owner has depends on the maintenance of the pool and thier relationship with the injured swimmer.  Here is a short list of the most common causes of pool accidents.  This list may serve as a good reference for making sure you are maintaining your pool properly, as well as managing your guests in an effort to prevent any serious or deadly accidents.

  • Inadequate fencing around the pool
  • Inadequate supervision, especially of young children
  • Overcrowding in the pool
  • Poorly maintained or slippery surfaces around the pool
  • Faulty drain enclosures
  • Poorly maintained diving boards
  • Alcohol or drug impairment

As for the liability as it pertains to your relationship with the injured party, there are three major categories: Invitee, Licensee, and Trespasser.  An Invitee is a guest, a Licensee is a contractor, and a Trespasser is an uninvited guest who uses your pool without your permission or knowledge.  In the case of an Invitee or a Licensee you do have a high degree of liability.  However, if your pool is properly maintained with the proper fencing, you have much less liability, or sometimes no liability, to the Trespasser.

Be sure to follow your local safety regulations to minimize and avoid liability in the event of accidents.  Know your rights regardless of which side of the accident you are on regarding private pools.