Swimming Pool Safety and Liability Text Size:

Swimming pools can be a lot of fun on a hot summer day, but did you know that each year, thousands of people are seriously injured or die in a swimming pool accident? The majority of swimming pool accidents involve drowning, near-fatal submersions, diving mishaps and falls.

Children are particularly at risk for injury. Drowning is the second leading cause of death among children under 14 years old. Children under the age of 5 are the most likely to drown in an unsupervised pool. Tragically, many of these swimming pool accidents could have easily been prevented.

The Virginia Graeme Baker Pool & Spa Safety Act

On December 17, 2008, the Virginia Graeme Baker Pool & Spa Safety Act went into effect. The law was enacted in response to numerous drownings and serious injuries caused by broken, missing or faulty drain covers. The powerful force of the suction caused by a faulty drain cover has been known to entrap a swimmer's hair, body, limbs and clothing, making it impossible to free the swimmer.

The new law was named after Virginia Graeme Baker, the 7-year old granddaughter of former Secretary of State James Baker III. In 2002, Virginia drowned in a spa when she became trapped under water by the force of the suction created by the drain. Under the new law, all public pools and spas must be equipped with approved anti-entrapment drain covers.

Pool Owner Liability

Owning a pool comes with a lot of responsibility in addition to making sure it's working right. You have a legal duty to make sure the pool is safely maintained. If not, you may be held liable for any injuries or deaths caused by your failure to follow the safety regulations.

The extent of your liability depends on your relationship to the injured swimmer. Generally, the victim falls into one of the following categories:

• Invitee
• Licensee
• Trespasser

An invitee is basically a guest who is allowed to enter the pool premises for social reasons, such as a hotel patron using the hotel pool or a party guest who swims in a residential pool at a social gathering. A licensee is a person who is allowed to enter the pool premises for business reasons, for example, to service the pool.

A trespasser is a person who does not have your permission to enter the pool premises, for example, a person who jumps the fence to swim in the pool without the owner's knowledge or consent. You owe a high degree of care to the invitee and the licensee, and less or no duty of care to the trespasser.

If you own a pool, ensure the pool is safely maintained and remember to follow the safety regulations to avoid liability.

State and Local Pool Safety Laws

In addition to the federal law, there are state and local pool safety laws that apply to both private and public pools. These laws may include provisions requiring child-resistant fencing, pool alarms, anti-entrapment devices, warning signs, etc. The laws vary by state and locality; therefore, it is important to check the law of your particular jurisdiction to make sure you are in compliance.

Next: Swimming Pool Accidents

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