Premise Liability For Private Pool Injury

A pool injury in your private pool can result in you being found liable and responsible for compensation. Depending on your homeowner’s insurance policy, a pool injury may or may not be covered. In case of insurance, specific or increased coverage may be necessary to include the potential for injury from private pool use.

Private Pool Personal Injury Liability

The fact that the injury occurred near a private pool does not change the liability normally attaching to property use or ownership. In fact, in many circumstances a pool increases the chances of being found liable for a guest’s injury. An individual owning a private pool can be liable for injury that befalls an individual on, near or during his or her use of the pool. If the property owner failed to use appropriate measures to prevent injury or to warn about possible injury, it is more likely that he will be found liable.

Irrelevance of the Type of Guest

In normal premise liability lawsuits the guest/injured party is identified as a licensee, invitee or trespasser. In the situation of a pool, however, these classifications are irrelevant. A swimming pool is considered an attractive nuisance that requires a property owner to take extensive measures to keep safe. Therefore, even though the injured party might have entered onto the property without permission, thereby making him a trespasser, the owner is still responsible for preventing injury and might there not be able to argue against being liable.

Private Pool Insurance Coverage

Most premise liability insurance policy will not automatically cover accident or injury resulting from a private pool. Potentially, the policy may provide compensation up to and including policy limits under a general personal injury premise liability clause.

Normally, an insurance company must be notified about the presence of a swimming pool so that policy limits can be raised and so that the pool can be identified as covered in the policy. It is the policy owner’s responsibility to obtain the appropriate coverage for his private swimming pool. If the fact that the property contains a pool is not shared with the insurance company, the company might take the drastic step of cancelling the policy.

Avoiding Liability

A property owner can avoid liability by taking appropriate and legally required measures to prevent injury. In this situation, if injury should occur the owner might be found not liable or less liable than if rules were broken and warnings not given. However, note that in specific circumstances the owner might not be able to avoid any liability regardless of the appropriateness of his actions. These accidents are often referred to as “strict liability” injuries and include things such as using caustic acids in pool water.

Getting Legal Help

If you are involved in a lawsuit regarding an injury occurring from use of a private pool, seek legal assistance with your claim or defense. An attorney will review the facts of the injury and explain potential liability and compensation.

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