With the hot weather hovering in what seems like a permanent holding pattern over Cincinnati, spending some time cooling off in a pool seems like a great idea. Swimming is a great way to have fun and cool off, but swimming pool owners need to take precautions to prevent injuries to their guests.
Whether a pool owner is a hotel, a motel, a condominium, an apartment complex or a homeowner hosting a pool party, the owner of the pool needs to take steps to prevent injuries to children and adults who are using the pool.
When a person is injured because of a defect in the pool or a dangerous condition on the premises, the pool owner is legally responsible for the injuries that result. However, a pool owner is not always responsible for a guest's injuries when there is no evidence of a defect or dangerous condition, or merely because additional safety precautions could have prevented the accident. That being said, when children are present at a pool, the pool owners must take extra precautions to prevent drowning accidents.
Pool owners need to comply with a variety of safety regulations, including depth requirements and requirements to have a lifeguard and safety equipment present in certain situations. When one of these safety regulations is violated and a personal injury results, the violation of the regulation can be used to prove that a pool owner was negligent and therefore legally responsible for the injuries.
Unfortunately, drowning deaths are all too common. According to the Centers for Disease Control and Prevention, about 10 Americans drown each day from non-boating-related drowning accidents. Many more people suffer non-fatal injuries at pools. Many of these deaths and injuries can be prevented by exercising reasonable safety precautions. When a person is injured because a pool owner failed to take proper steps to prevent an accident, that injury victim is legally entitled to compensation.
Source: 40A American Jurisprudence 2d Hotels, Motels, Etc. ยง 109, retrieved 20 July 2011 via Westlaw.com (subscription)
CDC.gov, "Unintentional Drowning: Fact Sheet," 16 May 2011
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