Swimming pools should be relaxing, not risky

Most people think of swimming pools as a summertime activity. However, with the beautiful Charleston weather, we have the luxury of being able to use pools from spring through fall. Even then, many private pools have heaters and can be used year-round. Since we get so much use out of our pools in the Lowcountry, now is a great time to review pool safety.  

 

This article will focus on private pools rather than public pools. Although, many of the same principles apply to both.  

 

In the U.S., an average of 10 people drown every day and drowning is the top cause of unintentional, injury-related death for children ages 1 to 4. As such, it is incumbent upon pool owners to ensure they take the proper precautions to avoid adding to these statistics.

 

Pool safety is governed by the rules of premises liability. Premises liability recognizes three different types of “entrants” on your property: invitees, licensees and trespassers. As a pool owner, you owe a different duty of care to each type of entrant. I am sure everyone can understand why they owe some duty of care to people who are allowed to be on their property, i.e., licensees and invitees. However, it is important to understand that as a pool owner, you also likely owe some duty of care to trespassers as well.

 

Typically, this usually applies to children trespassers. A pool is considered an “attractive nuisance.” The attractive nuisance doctrine provides that where the owner or occupier of land brings or artificially creates something (like a pool) which, from its nature, is especially attractive to children; he is bound to take reasonable care to see that the dangerous thing (the pool) is appropriately protected so that children will not be injured if they come into contact with it.

 

One of the best ways to protect your pool from trespassers is to have a fence around the pool of sufficient height (check with Daniel Island’s Architectural Review Board on fence requirements) that has some form of locking mechanism on the entrance gate. It is also a good idea to have a sign which indicates “No Trespassing” and if practical, have exterior surveillance cameras as additional deterrents.

 

Certain risks, like slippery surfaces around the pool and the danger posed by diving from inappropriate places, may be too obvious to create liability for the pool owner; however, you cannot bank on that and should make invitees and licensees aware of such dangers.

Signs are the easiest way to address these issues.  

 

However, if it is not obvious that a pool is too shallow for diving or if the pool has hidden obstructions, failing to warn invitees or licensees could make an owner liable for any injuries that arise as a result. Additionally, equipment like ladders, diving boards and drains must

not be allowed to fall into a dangerous state of disrepair without adequate warning to users. It is also important to maintain appropriate safety and emergency equipment for your pool in an area which can be reached quickly should an accident occur.

 

Finally, make sure you have an appropriate amount of insurance coverage for your pool. Some pool owners rent out their pools as part of a home rental through sites like Airbnb. An insurance carrier might see these as commercial activities, which would require separate, additional coverage.

If you are taking the proper precautions, then your pool can be a place for fun and relaxation for all your friends and family!

Chris Mingledorff and Michael Patterson are attorneys with Mingledorff & Patterson LLC on Daniel Island. For more information, go to mptrial.com.